Regulatory Policy

Focuses on global regulatory developments, policy changes, and compliance requirements. It provides in-depth analysis of government regulations and their impact on the cryptocurrency and blockchain industries, helping businesses and investors proactively manage policy-related risks.

From Cash to Crypto: Towards a Consistent Regulatory Approach to Illicit Payments

"From Cash to Crypto: Towards a Consistent Regulatory Approach to Illicit Payments" by Andrea Minto et al. (BIS) examines the challenges for Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regulation posed by the diversification of payment instruments, from cash and bank deposits to cryptoassets and CBDCs. The paper introduces a conceptual framework centered on the degree of intermediary involvement in a payment tool. It identifies a "waterbed effect": as regulators tighten AML/CFT rules on one type of instrument (e.g., bank transfers), illicit activity may shift to less-regulated alternatives with lower detection probabilities (e.g., self-hosted crypto wallets). This regulatory arbitrage undermines overall effectiveness. The framework categorizes payment tools as either intermediary-dependent (e.g., bank deposits, e-money, custodial wallets) where regulated entities perform checks, or non-intermediated (e.g., cash, self-hosted wallets, offline CBDCs) which offer higher anonymity and pose greater detection challenges. Malicious actors are assumed to choose tools that minimize their risk of detection. A case study of the EU's evolving AML/CFT regime illustrates this dynamic, showing how regulation has expanded over time to cover new entities like Crypto-Asset Service Providers (CASPs). However, inconsistencies remain, such as transaction limits for cash but not yet for self-hosted wallets or offline digital euro transactions. The paper concludes by proposing a dual regulatory approach: a *lex generalis* establishing a unified baseline of core obligations for all intermediated tools, and a *lex specialis* with tailored rules for non-intermediated instruments (e.g., transaction limits for cash and offline CBDCs, enhanced "touch point" monitoring for self-hosted wallets). This aims to create a more effective, consistent, and forward-looking framework that balances financial integrity with considerations for user privacy and innovation.

marsbit03/29 12:18

From Cash to Crypto: Towards a Consistent Regulatory Approach to Illicit Payments

marsbit03/29 12:18

"Crypto Czar" Steps Down: 130-Day Political Performance Concludes, How Much of Trump's Crypto Promises Remain?

David Sacks, known as the "Crypto Czar," has stepped down after reaching the 130-day limit of his special government appointment. Initially appointed by former President Trump to lead AI and crypto policy, Sacks was tasked with creating a clear legal framework for the cryptocurrency industry. During his tenure, he achieved several high-profile actions, including banning a central bank digital currency (CBDC), hosting the first White House Crypto Summit, establishing a strategic Bitcoin reserve, and helping pass the GENIUS Act for stablecoin regulation. However, the article argues that these accomplishments were largely symbolic political performances rather than substantive gains for the crypto industry. The White House Crypto Summit was described as a publicity event with no concrete policies announced. The strategic Bitcoin reserve merely repurposed seized assets without new purchases, failing to inject liquidity or provide strong market backing. While the GENIUS Act was a tangible achievement, its counterpart, the CLARITY Act, remains stalled in Congress due to conflicts between banks and crypto firms over stablecoin interest benefits—with recent drafts favoring traditional banks, contrary to initial pro-crypto promises. Sacks will continue as co-chair of the Presidential Technology Advisory Council, focusing on AI policy, with no mention of crypto. The article concludes that Trump’s pro-crypto promises have largely resulted in political theater rather than meaningful regulatory progress.

marsbit03/29 06:26

"Crypto Czar" Steps Down: 130-Day Political Performance Concludes, How Much of Trump's Crypto Promises Remain?

marsbit03/29 06:26

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