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Crypto retail trading should be regulated as gambling: UK lawmakers

The volatility and purported lack of intrinsic value of most crypto assets make it particularly risky for consumers, the politicians claimed.

The trading of so-called “unbacked cryptoassets” such as Bitcoin (BTC) and Ether (ETH) should be regulated as gambling rather than a financial service, a panel of British lawmakers said in a new report. 

The United Kingdom is currently working on a crypto regulatory framework that would mix existing financial asset laws with new crypto-specific rules.

However, in a May 17 House of Commons Committee report, the U.K. Treasury Committee “strongly recommended” regulating retail crypto trading and investment activity as gambling, consistent with the principle of “same risk, same regulatory outcome.”

It argued the price volatility and lack of intrinsic value mean unbacked crypto assets will “inevitably pose significant risks to consumers.”

Treasury Committee Chair Harriett Baldwin described Bitcoin and Ether as accounting for two-thirds of the total market capitalization of crypto assets, both of which she claimed are “unbacked.”

“We are concerned that regulating retail trading and investment activity in unbacked cryptoassets as a financial service will create a ‘halo’ effect that leads consumers to believe that this activity is safer than it is, or protected when it is not.”

In the U.K., all gambling — whether online or land-based — is regulated by the Gambling Commission under the Gambling Act 2005. Its oversight includes businesses such as bingo halls, lotteries, betting shops, online betting companies and casinos, with the aim to prevent problem gambling and apply Anti-Money Laundering safeguards.

Graph used by the Committee as evidence of crypto’s volatility. Source: Yahoo Finance, U.K. Parliament

In its arguments, the lawmakers referred to written statements from Dr. Larisa Yarovaya, an associate professor from the University of Southhampton, who said crypto exchanges, online trading platforms and other crypto-asset businesses should be regulated with the same stringency as crypto speculation “can be addictive.”

In a small win for crypto, the committee said it also recognized the potential for some crypto assets and their underlying technology to bring benefits to financial services and markets — such as reducing the cost of cross-border payments and improving financial inclusion.

It said there should be an effective regulatory framework to support these developments in the U.K. while mitigating some of the risks associated with crypto assets.

Excerpt from the Fifteenth Report of Session 2022–23. Source: U.K. Parliament

“We therefore welcome the Government publishing proposals for how it plans to regulate cryptoassets used in financial services,” the Committee wrote.

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Including Baldwin, who once served as the economic secretary to the Treasury, the committee consists of a total of 11 members of Parliament from the Labor and Conservative parties, as well as the Scottish National Party.

The committee said it had launched its inquiry into the crypto industry in July 2022 to explore the role of cryptoassets in the U.K.

Research conducted by His Majesty’s Revenue and Customs (HMRC) — the nation’s tax authority — last year revealed 10% of U.K. citizens hold or have held crypto, with more than 55% having never sold any.

Chainalysis ranked the United Kingdom as 17th in its 2022 crypto adoption index.

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Bank of England’s PRA raises budget $31M for ‘emerging risks’ like crypto

The regulator says it’s “committed to keeping pace” with the risks of “the growth of crypto assets”, upping its budget by $31 million in preparation.

The Bank of England’s regulatory arm has raised its budget by $31.6 million (£24.3 million) for the coming financial year saying that costs have increased due to its growing responsibilities and preparations for “emerging risks in the financial system”.

According to the latest business plan released on Wednesday April 20 by the Prudential Regulation Authority (PRA) its budget for the 2022/23 financial year is £320.9 million ($418 million), an 8.2% increase from last year.

The PRA Chief Executive Sam Woods outlined its plan for the year ahead saying it was:

“Committed to keeping pace with innovation and emerging risks, including the ongoing digitalization of financial services and the growth of crypto assets.”

The PRA states that the United Kingdom’s withdrawal from the European Union, along with “proactively preparing” for what it sees as risks to the country’s financial system is driving up operational costs. The regulator will also add 100 supervisory risk specialists to its headcount.

Detailing its business plan for the coming year, the PRA says it will be overseeing the risks that arise from firms’ having exposure to or increased levels of business with cryptocurrencies, adding:

“The PRA will also ask firms to report their cryptoasset exposures, treatments and future investment plans, and will engage with international partners, including at the Basel Committee on Banking Supervision, to establish a common, international framework for the treatment of cryptoasset exposures.”

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The regulator said that it will continue its work on developing a regulatory framework for “innovations such as stablecoins.” Earlier this month, the UK Economic and Finance Ministry said it will amend regulations to add stablecoins as an accepted means of payment.

In March, Woods wrote a letter to the CEO’s of banks and other designated investment firms regarding their exposure to crypto assets to remind them of the regulators' expectation to adhere to existing policies and regulations in light of their increasing interest in the space.

In the letter he referred to a raft of reports released that same month by UK financial regulators discussing the risks to the financial stability of the country posed by cryptocurrencies and decentralized finance (DeFi).

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FCA’s Fourth Consumer Report Shows UK’s Crypto Asset Ownership Increased 27% Since Last Year

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