CFTC 主席重申:BTC 和 ETH 属于商品

链得得Published on 2022-10-27Last updated on 2022-10-27

Abstract

本周,CFTC 主席 Rostin Behnam 重申比特币 (BTC) 和以太币 (ETH) 属于商品,而不是证券。

美国证券交易委员会 (SEC) 和商品期货交易委员会 (CFTC) 之间关于加密市场监管的权力斗争,一直让投资者对应遵循什么规则而感到困惑。

本周,CFTC 主席 Rostin Behnam 重申比特币 (BTC) 和以太币 (ETH) 属于商品,而不是证券。

以太币是商品

“我建议将 [以太币] 认定为一种商品,但 SEC 主席 Gensler 却不这么认为,” Behnam 周一在罗格斯大学、华尔街区块链联盟和律师事务所 Lowenstein Sandler 参加的曼哈顿活动中表示。

尽管 SEC 主席 Gary Gensler 将比特币称为商品,但他对以太币和 XRP 等其他加密资产的看法并不相同。

上个月,在以太坊区块链从工作量证明 (PoW) 转移到权益证明 (PoS) 之后,Gensler 暗示以太币可以归类为证券。

虽然 SEC 还未检验以太币是否会通过 Howey 测试,但 Gensler 表示,质押可能被正式视为一种投资。如果 ETH 通过 Howey 测试,则它必须在 SEC 注册为证券。

但这个观点 Behnam 并不同意。

考虑到 SEC 一直在对加密货币相关业务实体进行严厉打击,所以 Behnam 还借此打消了人们普遍认为 CFTC 将成为更有利的监管机构的看法。

CFTC 和 SEC 继续携手合作

CFTC 主席进一步解释说,与普遍看法不同,《数字商品消费者保护法》法案不会赋予 CFTC 对加密货币进行分类的全部权力。该法案的草案由参议院农业委员会的参议员 Debbie Stabenow 和 John Boozman 提出。

基于该法案,Behnam 坚信 CFTC 和 SEC 将继续合作。

“这是一个非常重要的问题。当一个产品处于灰色地带时,我们如何与 SEC 合作?”

Behnam 随后回答到:两个机构必须共同努力,为法律和政策问题提出解决方案,从而明确加密货币的分类。《数字商品消费者保护法》法案将有助于建立监管框架并为 CFTC 提供监管资源。

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