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US SEC, CFTC sign MoU to coordinate crypto rules

The US Securities and Exchange Commission and the Commodity Futures Trading Commission signed a memorandum of understanding to coordinate cryptocurrency policy and the introduction of cryptocurrency asset products.

The nonbinding MoU says it will guide coordination to support lawful innovation, uphold market integrity, and protect investors and customers.

The agencies said a priority was developing federal policy that provides a fit-for-purpose regulatory framework for cryptocurrency assets and other emerging technologies.

They also committed to closely coordinate and cooperate to remove obstacles to the lawful introduction of cryptocurrency asset products.

Paul Atkins, SEC chairman, said regulatory turf wars and duplicative rules had stifled innovation, while Michael Selig, CFTC chairman, said the MOU solidified a commitment to harmonize regulatory frameworks.

The MoU was nonbinding, and officials said further work would be needed to produce enforceable rules.

🔗 Source: The Block

🧠 Food for thought

Implications, context, and why it matters.

This agreement follows years of regulatory ambiguity and overlap

  • For years, firms have dealt with digital assets that can act like both securities, typically overseen by the US Securities and Exchange Commission, and commodities, typically overseen by the Commodity Futures Trading Commission, which has kept legal and compliance questions unresolved 1.
  • Regulators have warned that poor coordination can create a regulatory “no man’s land” that has “chilled productive economic activity,” even for products that would otherwise be lawful 2.
  • The MOU builds on SEC-CFTC harmonization efforts tied to “Project Crypto,” an SEC-CFTC initiative that pushes a more coordinated framework built on rulemaking plus staff guidance, rather than “regulation by enforcement” 3.

The MOU signals potential openings for new, complex financial products in the U.S.

  • Joint oversight could open a route for perpetual contracts, derivatives common in offshore markets that have no expiry date, to trade on U.S. platforms 2.
  • The plan also seeks clearer rules for listing event contracts, also called prediction markets, that let traders speculate on real-world outcomes 2.
  • Another aim is a shared approach to portfolio margining that cuts capital costs by allowing offsets across product classes, which frees balance sheet capacity 2.

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