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House Financial Services Comm. witnesses air multiple anti-CBDC arguments

The digital assets subcommittee heard from five opponents of a U.S. CBDC without giving supporters equal (or any) time.

A chorus of disapproval rang out from the halls of the United States Congress on Sept. 14 as the House of Representatives Financial Services Committee digital assets subcommittee held a hearing on the “digital dollar dilemma.” Five expert witnesses were scheduled to testify at the hearing, and all of them argued against creating a U.S. central bank digital currency (CBDC), otherwise known as a digital dollar.

The five witnesses slated to speak at the hearing were Digital Asset CEO Yuval Rooz, senior vice president of the advocacy group Bank Policy Institute Paige Paridon, University of Pennsylvania Wharton School's Christina Parajon Skinner, Norbert Michel from the think-tank Cato Institute and Columbia University lecturer Raúl Carrillo. 

The hearing is explicitly dedicated to private sector alternatives to CBDC, but only Rooz was directly affiliated with a business. 

Digital Asset is the creator of the Daml smart contract language and the Canton blockchain, which is backed by companies such as Microsoft, Goldman Sachs and Deloitte. In his prepared testimony, Rooz urges that any form of digital dollar should leverage existing technologies in the private sector.

Paridon spoke about claims made by digital dollar supporters with counterarguments. She concentrated on issues that could arise within the banking system. Based on this list of potential risks, she concluded, “A CBDC could undermine the commercial banking system in the United States and severely constrict the availability of credit to the economy.”

Skinner set CBDC largely in a historical context, beginning with the apparent intentions of the Founding Fathers. She concluded:

“Introducing CBDC is likely to have certain costs to individual economic liberty by providing the State with more tools – and hence greater temptation – to establish command-and-control style public policy.”

The Cato Institute has a well-established record as an opponent of CBDC. Michel addressed technical and political issues and sees no good coming from a U.S. CBDC.

Related: House committee will reopen discussions on digital dollar in Sept. 14 hearing

Carrillo stated his support for a digital dollar and opposition specifically to a CBDC. A major objection put forward by Carrillo to CBDC is the concentration of responsibilities in the Federal Reserve since the Treasury Department has many roles in monetary creation and implementation of financial technology.

In his analysis, Carrillo stated, “There is a profoundly mistaken assumption that we do not already live in a financial surveillance state.” He continued:

“Although counterintuitive to some CBDC critics, substantively reigning in government financial surveillance means limiting public-private partnerships, as direct relationships between the government and members of the public are more likely to engender constitutional protections, including protection under the Fourth Amendment.”

Blockchain technology is not a decisive factor in ensuring privacy, Carrillo argued:

“Aspirationally, blockchain hides sensitive data about users, but in practice, blockchain systems necessarily interface with the surveilled infrastructure of the rest of the internet.”

Carrillo endorsed the Electronic Cash and Secured Hardware (ECASH) Act, which was not one of the bills being examined by the subcommittee but was, Carrillo said, being re-introduced on Sept. 14. Carrillo concluded that “DFC [digital fiat currency] discourse in the United States is comparatively impoverished and unimaginative. […] Policymakers should support an array of Digital Dollar pilot programs and develop a steady rhythm of innovation, aiming to build a safe and secure financial system for all.”

Among the questions that go unanswered in the presentations was that of who precisely the often-mentioned supporters of CBDC are. References were made to CBDC research being conducted by the Fed. Still, in light of the Fed’s well-known mantra of no CBDC without Congressional authorization, that seems like a paper tiger.

H.R. 3402, one of the bills under discussion at the hearing, seeks to make a Congressional mandate for the introduction of a CBDC a legal requirement. H.R. 3712, also under consideration, would largely ban CBDC research. Rep. Tom Emmer’s recently re-introduced "CBDC Anti-Surveillance State Act" was also on the hearing agenda.

Presumably, the Biden administration was seen as supportive, as the president’s March 2022 executive order on digital assets mandated CBDC research. The advocacy group Digital Dollar Project, co-founded by former U.S. Commodity Futures Trading Commission head Christopher Giancarlo, has also contributed significantly to CBDC research.

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US House Financial Services members scold Fed’s Powell for stablecoin bill obstruction

The committee members suspect the Fed is trying to hold up Congressional efforts to pass stablecoin legislation by restricting banks’ actions.

The Federal Reserve is seemingly running interference with congressional efforts to regulate stablecoins, according to a letter recently sent to Fed Chairman Jerome Powell. The letter came from Chairman of the U.S. House of Representatives Financial Services Committee Patrick McHenry and subcommittee chairs French Hill and Bill Huizenga.

The legislators were objecting to two Fed letters: SR 23-7 on the Novel Activities Supervision Program and SR 23-8 titled “Supervisory Nonobjection Process for State Member Banks Seeking to Engage in Certain Activities Involving Dollar Tokens.” They wrote:

“We are concerned that these actions are being taken to subvert progress made by Congress to establish a payment stablecoin regulatory regime. Moreover, if these letters are left in place, they will undoubtedly deter financial institutions from participating in the digital asset ecosystem.”

The letters, issued simultaneously, supplement a January policy statement and impose additional limitations on activities with crypto assets.

Related: Rep. Patrick McHenry blames White House for lack of urgency on stablecoin bill negotiations

According to the legislators, the Fed letters “effectively prevent banks from issuing payment stablecoins — or engaging in the payment stablecoin ecosystem” while “masked as guidance outlining a process by which these activities can be permissible.” The January policy extended restrictions placed by the Office of the Comptroller of the Currency on national banks to state banks.

In addition, the letter claimed that the Fed letters were issued without observing the notice and comment processes required by the Administrative Procedure Act.

The legislation referred to by the legislators is the Clarity for Payment Stablecoins Act of 2023, which McHenry introduced on July 20.

The committee members’ letter included a list of eight questions, the bulk of which concern implementation of the guidance found in the two Fed letters. Besides that, the letter demands records to determine the timeline of the drafting of the Fed letters.

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US FSC Chairman eyes regulatory clarity for crypto, stablecoin ecosystems

The upcoming FCA meeting is aimed at providing regulatory clarity for the digital asset ecosystem — cryptocurrencies, blockchain development and stablecoin payments.

The Chairman of the House Financial Services Committee (FSC), Patrick McHenry, announced a markup of a few legislations, three aimed at providing regulatory clarity for the digital asset ecosystem — cryptocurrencies, blockchain development and stablecoin payments.

The Committee on Financial Services will meet on July 26 to markup H.R. 4763, the Financial Innovation and Technology for the 21st Century Act, H.R. 4766, the Clarity for Payment Stablecoins Act of 2023 and H.R. 1747, the Blockchain Regulatory Certainty Act among others.

Out of the lot, the markup on clarity for stablecoin payments was introduced by McHenry, which aims to bring regulatory clarity for the issuance stablecoins that are designed to be used as a means of payment.

A snippet of FCA's agenda on crypto regulatory clarity for July 26. Source: house.gov

As stated in the memorandum issued on July 21, H.R. 4763 establishes a digital asset market structure framework appropriate for the unique characteristics of digital assets. H.R. 1747 prevents the need for blockchain developers to acquire licenses as long as they don’t deal in cryptocurrencies.

The date for the markup were announced a day after the introduction of the Financial Innovation and Technology for the 21st Century Act. U.S. Representative French Hill, who serves as the Chairman of the Subcommittee on Digital Assets, said that establishing a functional regulatory framework protects investors from financial fraud.

“This legislation would not only have prevented FTX from stealing billions of customer funds, but also establishes robust consumer protections and clear rules of the road for market participants,” he added.

Related: UK FCA shuts down 26 crypto ATMs following coordinated investigation

The United States Department of Justice (DoJ) decided to double the headcount of its crypto crime team.

Two DoJ teams — the Computer Crime and Intellectual Property Section (CCIPS) and the National Cryptocurrency Enforcement Team (NCET) — will merge to create a larger structure with new additional resources.

The number of criminal division attorneys available to work on criminal cryptocurrency matters will “more than double,” as any CCIPS attorney could potentially be assigned to work an NCET case.

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UK FCA shuts down 26 crypto ATMs following coordinated investigation

The FCA — along with other law enforcement agencies — investigated 36 crypto ATM locations using powers under the Money Laundering Regulations 2017.

The United Kingdom’s financial regulator, the Financial Conduct Authority (FCA), “disrupted” 26 of the 34 cryptocurrency ATMs it visited and inspected since the start of 2023.

On Feb. 14, the FCA gave an ultimatum to all crypto ATM operators in the UK — to either comply with regulations or wind down illegal operations. Following the warning, the FCA — along with other law enforcement agencies — investigated 36 crypto ATM locations using powers under the Money Laundering Regulations 2017.

Speaking against the use of all crypto ATMs, Steve Smart, joint executive director of enforcement and market oversight at the FCA, stated:

“If you use a crypto ATM in the UK, you are using a machine that is operating illegally and you may be handing your money over to criminals.”

Smart further clarified that victims of scams involving the crypto or Bitcoin (BTC) ATMs “will not be protected” by the government or the operator of the machines. Out of the lot, 18 locations were inspected in May and June, right when the FCA publicly announced the commencement of the inspection drive.

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All crypto exchanges and ATMs must be registered with the FCA and comply with the UK Money Laundering Regulations. On July 8, Clive Police Department released a report detailing how a crypto scammer, called up an unsuspecting victim pretending to represent law enforcement and managed to steal $6,000 while threatening an arrest warrant.

Scammers utilize fear tactics and impersonate law enforcement officials to deceive unsuspecting individuals into transferring funds through crypto ATMs. However, it is important to note that law enforcement agencies never contact individuals demanding payment over the phone or via crypto.

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Belgian financial regulator orders Binance to cease all virtual currency services

The regulator said Binance must cease “with immediate effect” all crypto-related services in Belgium after being unable to provide sufficient information on its non-EEA companies.

The Belgian Financial Services and Markets Authority (FSMA) has ordered major cryptocurrency exchange Binance to stop offering crypto exchange and custody wallet services. 

In a June 23 notice, the FSMA said that by Binance offering crypto-related services “from countries that are not members of the European Economic Area,” the exchange was violating Belgian laws on anti-money laundering (AML) and combating the financing of terrorism (CFT). The financial regulator said Binance must cease “with immediate effect” all related services in Belgium.

According to the FSMA, Binance controlled an estimated 19 companies outside of the European Economic Area — EU nations as well as Iceland, Liechtenstein and Norway — involved in its operations or technical support that did not appear in the terms and conditions Belgium users read when signing up for services. The regulator said it had made “several requests for information” from Binance, but did not receive satisfactory answers identifying the services its companies provided.

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“In spite of the opportunities offered to Binance on several occasions, the latter has failed to demonstrate, with due documentation and proof, that the exchange services between virtual currencies and legal currencies and the custody wallet services that it offers and provides within Belgium are carried out by means of a legal entity governed by the law of another member state of the European Economic Area that is duly authorized by its home member state to carry out these activities, including within Belgium,” said the FSMA.

As part of the order, Binance will be required to contact all its Belgium-based clients and return all crypto and private keys the exchange held. The FSMA is just one of several national regulators taking action against Binance, as the United States Securities and Exchange Commission is currently pursuing a lawsuit against the exchange and its U.S. entity for alleged violations of securities laws.

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This is a developing story, and further information will be added as it becomes available.

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French financial markets ombudsman reports jump in crypto-related mediations

The Autorité des marchés financiers ombudsman saw mediation requests rise by almost a quarter in a year; the number of digital asset service providers more than doubled in that time.

Progress can have its drawbacks, as the French stock market regulator, the nongovernmental Autorité des marchés financiers (AMF), has noticed. According to the AMF ombudsman, digital asset-related mediations rose sharply in 2022, as did the number of registered digital asset service providers (DASPs).

In its newly released 2022 annual report, the AMF ombudsman included a section dedicated to digital assets for the first time. It noted that, while the total number of cases received by the ombudsman decreased from 1,964 in 2021 to 1,900 in 2022, mediation requests relating to digital assets rose from 44 to 54, with the number of the number of admissible cases rising from six to 17. At the same time, the number of registered DASPs rose from 28 to 59.

Related: French regulator AMF blacklists only 2 crypto websites in the whole year

The AMF ombudsman can only mediate cases where the DASP is registered with the AMF or the AMF has provided optional approval in cases such as initial coin offerings. AMF registration is required to provide custody for third parties, buy or sell digital assets for legal tender, trade digital assets for other digital assets or operate a digital assets trading platform in France.

AMF licensing is required to “provide one or more digital asset services in the ordinary course of business.” There are currently no licensed DASPs.

The ombudsman’s report noted that DASP registration requirements will be tightened in July, before being superseded by the European Union’s Markets in Crypto-Assets (MiCA) legislation next year.

The AMF ombudsman was careful to note that it does not intervene in “scams,” which may be governed by regulations that apply to crypto assets or, in the case of derivatives, the Markets in Financial Instruments Directive (MiFID II). Misunderstandings of the terms of staking was a common issue the ombudsman handled, it reported.

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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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BNP Paribas teams up with Bank of China to promote digital yuan usage

The partnership will enable BNP Paribas China’s corporate clients to make payments using the digital yuan through an e-CNY management system.

The French bank BNP Paribas is collaborating with the Bank of China (BOC) to promote China’s digital currency, the digital yuan, to its corporate clients, the South China Morning Post reported

The partnership will enable BNP Paribas China’s corporate clients to connect with the BOC system, allowing users to manage their digital yuan wallets by linking them to their bank accounts, track transactions and make payments using China’s digital currency via an e-CNY management system. The management system also promises to make it easier and more convenient for clients to use digital cash for real-time transactions.

The digital yuan management system can facilitate “efficient, real-time and convenient [digital cash] practice,” BNP shared, according to The South China Morning Post. 

BNP Paribas China also plans to explore the use of China’s central bank digital currency (CBDC) in other areas, such as smart contracts, supply chain finance, utility and cross-border payments.

Related: North Carolina House passes bill banning CBDC payments to the state

To promote the adoption of its CBDC, China handed out millions of dollars worth of digital yuan across the country during the Lunar New Year period. A number of cities reportedly gave away over 180 million yuan, amounting to $26.5 million worth of CBDCs in programs such as subsidies and consumption coupons.

In April, local news reported that the Chinese city of Changshu notified all civil servants within its jurisdiction that they would be paid their full salaries in digital yuan starting in May 2023. The payment terms apply to all civil servants in the public service and other state-owned units in the city. 

Despite the Chinese government’s efforts to promote the digital yuan, Hong Kong residents have not shown much enthusiasm for the government’s drive to promote the adoption of its CBDC. During the first four days of the hard launch of the digital yuan wallet, only 625 residents signed up, indicating a lukewarm response to the new digital currency offering.

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Financial Services chair McHenry send SEC second request for records related to SBF arrest

Sam Bankman-Fried was arrested just before his committee appearance was scheduled.

Leadership in the United States House of Representatives Financial Services Committee was not satisfied with Securities and Exchange Commission head Gary Gensler’s response to their request for documents. They have reached out to the SEC chairman again in a sharply worded letter. 

Committee chair Patrick McHenry and chair of the Oversight and Investigations Subcommittee Rep. Bill Huizenga wrote Gensler on Feb. 10 “demanding records and communications between and among both the SEC’s Division of Enforcement, the Office of the Chair, and the Department of Justice (DOJ)” in regard to the timing of charging and arrest of former FTX CEO Sam Bankman-Fried.

Bankman-Fried was scheduled to appear before the Financial Services Committee, but was prevented from testifying by his arrest.

The SEC has missed deadlines for submitting the documents requested and so impeded the work of the committee. Moreover, SEC staff provided 232 pages of documents that were “publicly available and not responsive to the request.”

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The legislators set a new deadline for select documents of April 17 at the end of the workday. They warned:

“Failure to produce the requested information could result in the Committee considering using compulsory process, if necessary, to obtain the requested information.”

Attached to the letter were 14 pages of instructions “for the purpose of this Request” for producing the material the congressmen had requested.

Gensler is set to appear before the committee in person on April 18, McHenry has previously announced.

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‘Not Related to a Digital Currency’ — US Central Bank Addresses Concerns Over Fednow Payment Network

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