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Crypto owners banned from working on US Government crypto policies

A new legal advisory notice from the US Office of Government Ethics prohibits any employee who owns cryptocurrency from working on Federal crypto regulation.

US government officials who privately own cryptocurrencies are now banned from working on regulations and policies that could affect the value of digital assets.

A new advisory notice released by the US Office of Government Ethics (OGE) on Tuesday stated that the de minimis exemption — which allows for the owners of securities who hold an amount below a certain threshold to work on policy related to that security — is universally inapplicable when it comes to cryptocurrencies and stablecoins.

“As a result, an employee who holds any amount of a cryptocurrency or stablecoin may not participate in a particular matter if the employee knows that particular matter could have a direct and predictable effect on the value of their cryptocurrency or stablecoins.”

The notice provided an example scenario whereby an employee who owns a mere $100 of a certain stablecoin, is asked to work on stablecoin regulation — the employee in question cannot participate in work concerning regulation “until and unless they divest their interests in [that] stablecoin.”

The notice specified that this ruling still applies even if the cryptocurrency or stablecoin in question were to ever “constitute [a security] for purposes of the federal or state securities laws.”

The new ruling applies universally to all federal government employees including The White House, The Federal Reserve and The Department of the Treasury.

The term “de minimis” comes from a longer Latin phrase, meaning: “the law does not concern itself with trifles.”

Related: Self-regulatory organizations growing alongside new US crypto regulation

The only exemption from the OGE’s crackdown on crypto ownership is that policy makers are allowed to hold up to $50,000 in mutual funds that invest broadly in companies that would benefit from crypto and blockchain technology. The reasoning for this exemption is because they “are considered diversified funds.”

Despite the seemingly harsh rules concerning employee investment in the crypto sector, the United States continues to move forward in integrating the cryptocurrency industry, with the US president Joe Biden announcing a “whole-of-government” approach to regulation concerning the digital asset sector.

According to Raymond Shu, the co-founder and CEO of Cabital, recent legislative proposals could make the U.S. one the only Western countries to fully regulate and accept stablecoins and other digital assets as official parts of the financial system.

Polkadot’s treasury has $245M with 2 years of runway

SEC approves Valkyrie’s Bitcoin futures ETF

Last month, the watchdog gave the thumbs-up to Teucrium's Bitcoin futures ETF, which is the first such vehicle to be approved under the '33 Act.

The United States Securities and Exchange Commission has given the green light to Valkyrie's futures exchange-traded fund (EFT) application. This represents another ETF that has been approved by the SEC, which has previously accepted futures ETFs, but no sign of spot ETFs yet.

As per the SEC document published Thursday, the application was filed under the Securities Exchange Act of 1934 using a 19b-4 form, the same law that spot Bitcoin (BTC) ETF prospects are relying on — albeit with little success thus far. Last month, the watchdog gave the thumbs-up to Teucrium's Bitcoin futures ETF, which is the first such vehicle to be approved under the '33 Act.

First filed by Valkyrie in August 2021, the Valkyrie XBTO Bitcoin Futures Fund tracks BTC futures contracts. The agency likewise gave the go-ahead to Bitcoin futures ETFs from ProShares and VanEck but thus far denied all applications to establish a spot Bitcoin ETF. Several countries have Bitcoin ETFs, including Canada, Europe and Latin America.

The past year has seen a slew of applications for ETFs, with several companies withdrawing their applications, such as Bitwise, which redirected attention to a spot fund instead. The funds have performed well thus far, although many people are hoping for greater success in the future with the introduction of a spot ETF. A recent Nasdaq poll found that a spot Bitcoin exchange-traded fund may lead to more financial advisers adopting cryptocurrencies.

Related: Simplify files with SEC for Bitcoin Strategy Risk-Managed Income ETF

According to Eric Balchunas and James Seyffart, analysts at Bloomberg in March, the SEC could accept a spot Bitcoin ETF as early as mid-2023 based on a proposed amendment to alter the definition of "exchange" within the regulator's rules. However, according to a survey by Nasdaq Inc cited earlier, only 38% of financial advisers thought it probable that the SEC would eventually approve a spot cryptocurrency ETF, with 31% disagreeing.

Polkadot’s treasury has $245M with 2 years of runway

Crypto advocate mounts challenge to longtime Silicon Valley Congresswoman

Greg Tanaka is an entrepreneur and DeFi developer who wants to make crypto a legal tender.

In terms of policy, Greg Tanaka calls himself a legislator for the digital age and possibly the most pro-crypto person running in this election cycle. Now a Palo Alto City Council member, he has set his sights on the United States House of Representatives seat for California’s 16th: the Silicon Valley district. In an interview with Cointelegraph, the self-described nerd exuded enthusiasm and spoke with an unwavering smile about crypto and the financial system.

Legal DAOs and crypto tax holidays

“It’s the first form of truly better money,” Tanaka said of crypto. “More benefit goes to the people creating the value versus with traditional finance.” He envisioned a future where everyone would have their own token. That “will create a lot more economic equity,” he said.

In addition to his political career, Tanaka is the Mozaic Finance decentralized finance (DeFi) protocol developer, which is set to run on Avalanche after testing. Mozaic Finance describes itself as specializing in “automatic yield aggregation and fund management.” Tanaka is also the founder and CEO of Percolata, a machine learning-based retail staffing optimization service that has received funding from Google Ventures and Andreessen Horowitz (a16z).

Tanaka characterized crypto as “an early technology that needs a chance.” He said he is in favor of making crypto legal tender and giving decentralized autonomous organizations (DAOs) — “a better version of the corporation” — the same rights as C Corps or LLCs. As a runup to that, Tanaka proposed a crypto tax holiday, seeing a clear precedent for this type of aid for new technology. “E-commerce had no sales tax for decades,” he observed. “Legislators couldn’t figure out how to tax online sales, and that helped ecommerce become what it is today.” He also favors a moratorium on the capital gains tax on cryptocurrencies.

From municipal service to a Congress bid

Tanaka has been on the Palo Alto City Council since 2017. On the council, he has been “frequently […] the lone vote against excessive staff raises,” according to his website. He rose from president of a neighborhood association in 2006 to city planning and transportation commission chair before being elected to the city council.

Tanaka said he was inspired to run for Congress by the unreasonable crypto reporting requirements written into the original version of the bipartisan Infrastructure bill. “So many of our elected leaders don’t support or understand technology,” he said. “They throw rocks in the road in front of it.” Now is “a great time to be in crypto,” he added, noting:

“We were given a big gift when China banned crypto mining and trading — it was a big mistake for them.”

Tanaka was unimpressed with President Joe Biden’s Executive Order on Ensuring Responsible Development of Digital Assets. “It’s not negative,” he said, “but it’s not necessarily positive.”

“I think regulation should be more centralized,” he said. “It’s spread across agencies and it’s conflicting. There should be a crypto czar.”

Tanaka said he is an advocate of “separation of money and state,” taking pains to point out the allusion to the country’s founding fathers’ separation of church and state. Before crypto, the state had to control the money supply to create the currency and prevent counterfeiting. With crypto, however, all of that is done automatically in software.

Far from a single-issue candidate, Tanaka takes positions on a wide range of issues, some of which, such as improving the voting method, might be considered somewhat esoteric. Others, such as research and development amortization and foreign-derived intangible income, are comparatively technical. He opposes excessive regulation of major internet and tech companies.

Other issues Tanaka is passionate about are education because the future of the country depends on tech and nuclear energy, which he sees as a carbon-free and safe alternative to fossil fuels.

When asked about the energy consumption of crypto, he said the energy use associated with crypto has to be weighed against that of fiat currency to have a fair comparison, factoring in the energy used by fiat systems to print, mint and secure the fiat money supply with police, bank vaults, armored trucks to move money around, secret service for anti-counterfeiting and more. In that light, the energy usage of crypto software is “modest,” he said.

The District’s landscape

Tanaka, a democrat, is not the only candidate in the district race to take a pro-crypto stance on his platform, but he is clearly the most ardent. He has been endorsed by Forward Party and Lobby3DAO founder Andrew Yang, Litecoin creator Charlie Lee and Bitcoin Foundation board member Bobby Lee, among others.

Tanaka is one of seven candidates facing off against incumbent Democrat Anna Eshoo in a nonpartisan primary election. Eshoo has held her seat since 1993 and is a member of the House Committee on Energy and Commerce and the Congressional Artificial Intelligence Caucus, among many other caucuses.

Eshoo is well funded. According to campaign contributions tracking website Open Secrets, Eshoo’s campaign had raised $1,303,776, of which 33.35% was political action committee (PAC) contributions, as of March 31. Ballotpedia lists health, finance, insurance and real estate, and communications and electronics as the top industries contributing to her campaign in 2018.

Open Secrets shows that the Tanaka campaign has raising $95,352 by the end of March with no PAC money. He placed fourth among the eight candidates by that indicator. He has created the TanakaDAO for the sake of the transparency of contributions and to increase participation through nonfungible tokens (NFTs). He accepts contributions in seven cryptocurrencies. He seemed to take the financing gap quite in stride. “We have people,” he said. “Our campaign’s all volunteers. I think that is a more authentic way to win the race.”

Eshoo did not respond to a query from Cointelegraph sent through her website.

Polkadot’s treasury has $245M with 2 years of runway

Law Decoded: Competing narratives around crypto clash on the Earth Day, April 19-26

The future of crypto adoption will largely depend on which of the competing narratives about digital assets and blockchain’s environmental effects prevails.

Regulation by enforcement, a fast and economical substitute for thorough rulemaking, is widely regarded as some of the U.S. executive agencies’ preeminent approach to crypto regulation. It could be summed up as letting crypto firms explore the boundaries of what is permissible by themselves and then punishing industry participants in case their exploratory actions come to look like a transgression. Others will take heed and learn from the explorer’s negative experience. 

While it is the United States Securities and Exchange Commission that gets accused of over-reliance on regulation by enforcement most frequently, other federal agencies do that as well. Last week, the U.S. Office of the Comptroller of the Currency, or OCC, announced cease and desist proceedings against Anchorage Digital, the nation’s first crypto custody firm to be awarded a national bank charter.

The reason is the crypto bank’s alleged failure to implement a compliance program in line with the Bank Secrecy Act and Anti-Money Laundering standards. As Anchorage Digital races to remedy the shortcomings that the OCC pointed out, other industry players hoping to secure a bank charter will be watching closely.

Crypto to the Earth

One of the most contentious policy debates around blockchain and cryptocurrency currently unfolds over the industry’s sustainability and environmental effects. From the European Union to individual U.S. states, regulators are continuously on the offensive on this front. The latest push came from a group of U.S. representatives who called for the Environmental Protection Agency, or EPA, to assess crypto mining companies’ compliance with federal environmental statutes. While some of the concerns related to mining operations that use “dirty” energy might be justified, some policymakers’ efforts to ratchet them up to vilify the entire industry are clearly misguided. On Earth Day, Cointelegraph reviewed some of the many blockchain-powered projects designed to do the environmental good and zoomed in on the technology’s capacity to contribute to the climate change fight. The future of crypto adoption will largely depend on which of the competing narratives about digital assets and blockchain’s environmental effects prevails.

Australian investors get first spot-based BTC ETF

Australian regulators were busy last week. Financial compliance enforcement agency AUSTRAC, noting that cybercrime was rising apace with crypto acceptance in the country, released two guides for regulated entities on spotting illicit use of cryptocurrency and payments related to ransomware by customers. The Prudential Regulation Authority was not quite as productive, but it did send out a letter to its regulated entities presenting the roadmap of a regulatory framework for exposure to crypto assets, operational risk and stablecoins to take effect by 2025. It also outlined risk management measures that should be undertaken now. On the bright side, Cosmos Asset Management has received approval for Australia’s first Bitcoin (BTC) exchange-traded fund (ETF) after beating out three competitors to meet regulatory requirements. The fund is to begin trading on April 27 and reportedly stands to take in up to $1 billion. It will be traded on CBOE Australia.

Russia could get more relaxed on crypto as sanctions bite harder

Russian Central Bank governor Elvira Nabiullina spoke before the State Duma on Thursday and hinted that the bank may soften its stance on the digital asset industry as the government struggles to counteract the effects of Western sanctions. Nabiullina also said that the central bank expects to conduct its first settlements with a digital ruble in 2023. The Russian central banker has good reason to be worried as sanctions continue to be piled on. The same day she was speaking, Binance announced that Russian nationals and residents who hold over 10,000 euros, or $10,800, would be restricted from trading, and if they have open futures or derivatives positions, they will have 90 days to close them. These measures are due to the EU’s fifth round of sanctions. One day earlier, the U.S. Treasury announced it was blocking the assets of Russia-based crypto mining services provider BitRiver and its subsidiaries for facilitating sanctions evasion.

Polkadot’s treasury has $245M with 2 years of runway

US investors realized 6X more crypto gains in 2021 than next country

Crypto investors from the United States realized nearly $47 billion in gains during 2021, outpacing the UK by a factor of six.

Crypto investors from the United States realized crypto gains nearly six times higher in total than the UK, the second highest country in terms of realized gains. 

According to a report by Chainalysis, crypto investors in the US accrued a record $46.9 billion in realized gains throughout 2021, leading the rest of the world by a wide margin. The US is followed at quite some distance by the UK at $8.1 billion and Germany on $5.8 billion.

Total realized cryptocurrency gains 2021: Chainalysis.

The report comes as global cryptocurrency adoption continues to gain widespread traction. The US witnessed a massive increase in adoption and realized gains, with the total estimated gains for 2021 up 476% from $8.1 billion the year before.

Special mentions were given to countries that outperformed their “traditional” economic rankings. Despite Turkey being globally ranked as number 11 by GDP, the country was ranked at number six when it came to realized crypto gains.

China was one of the only large nations that did not see the same massive gains as other countries. In 2021, China’s total estimated realized cryptocurrency gains stood at $5.1 billion, up from $1.7 billion in 2020, which equates to year-over-year growth rate of 194%. However, this is still impressive growth considering the extensive crypto bans that were progressively enacted in China in 2021.

China's result pales however besides other countries such as the UK and Germany which saw a respective 431% and a 423% increase last year.

Related: What is driving institutions to invest in crypto? BlockFi's David Olsson explains

Another notable trend was the increase in total gains from Ethereum (ETH), which saw ETH investors around the world cash out a total $76.3 billion, beating out Bitcoin (BTC) as the highest realized earnings crypto asset in 2021. Bitcoin inventors still performed well however, with the global crypto investing community securing $74.7 billion in gains throughout 2021.

Polkadot’s treasury has $245M with 2 years of runway

Fitting the bill: US Congress eyes e-cash as an alternative to CBDC

From fiat banknotes to fractional reserve banking, the notion of what constitutes money in the U.S. has changed over time. But is the time right for e-cash?

On March 11, United States President Joe Biden issued an executive order in which he encouraged the Federal Reserve to continue research on a prospective U.S. central bank digital currency, or CBDC.

The order emphasized that the market capitalization of digital assets had surpassed $3 trillion in November — with Bitcoin (BTC) representing more than half of the total value of all cryptocurrency and peaking at over $60,000 — up from just $14 billion five years prior. For comparison’s sake, the U.S. money supply (M1) in the same month was $20.345 trillion.

Stephen Lynch, a member of Congress who chairs the Task Force on Financial Technology, introduced the Electronic Currency and Secure Hardware Act on March 28, which would develop “an electronic version of the U.S. Dollar for use by the American public.” How does this project fit into the existing U.S. CBDC frameworks?

Is Lynch’s e-cash a CBDC or not?

Curiously, the specialists tasked with authoring the concept claim it isn’t a true CBDC because it would be issued by the U.S. Treasury rather than the U.S. Federal Reserve, the central bank system.

Rohan Grey, an assistant law professor at Willamette University’s College of Law who helped draft Lynch’s bill, said in an interview that the Fed doesn’t have the statutory authority to create a CBDC or the capacity to maintain the retail accounts that would be required for it. Instead, he described the digital dollar as something replicating the privacy, anonymity and transactional freedom reflecting the properties of physical cash.

He noted that it would neither use a centralized ledger (like most proposed CBDCs) nor a distributed ledger (like crypto) and maintain its security and integrity through its hardware. According to Grey, beyond that, giving the Fed the power to conduct the electronic surveillance of digital currency isn’t a good idea because of the potential for infringing on users’ privacy. He positioned e-cash as a third alternative beyond account-based CBDCs and crypto, which addresses concerns related to privacy and surveillance.

Isn’t online banking enough?

Last summer, crypto critic Senator Elizabeth Warren argued that there was no need for digital money because U.S. money is already accessed digitally. Lynch’s proposal reflects a different perspective in the Democratic party. What attracts him?

In Europe, China and other parts of the world, it’s common to transfer money via online apps or with debit card payments. While these exist in the U.S., they complement an older “legacy” system of paper checks. While the use of personal paper checks by individuals has declined significantly over the past 20 years, the U.S. government and U.S. businesses still use them to send money.

This makes things difficult for the millions of adults who are “unbanked” or “underbanked”: those who lack a bank account and commonly rely on check-cashing services, which charge high rates. Many consider these extra expenses too high or disproportionately high, given that these services are considered the most essential by the least economically resilient segment of the population. Many U.S. politicians are worried about economic inequality issues, especially since the 2008 financial crisis and more recently in the wake of the 2020 riots.

Additionally, when Americans use credit cards or digital platforms to make payments, retailers must pay third-party fees, which adversely affects the cash-based economies of poorer and immigrant-dominated communities. Small businesses, landlords and individuals providing services often must rely on paper checks.

Sending paper checks also involves unacceptable lag times involved in their transfer, receipt and processing. The number of banks in the U.S. is in the thousands, while in Canada, just five account for most residents. This means that bank-to-bank transfer costs associated with sending money are essentially unavoidable.

Normally, the U.S. Bureau of Engraving and Printing (which is under the Department of the Treasury) prints banknotes that are then circulated by the U.S. Federal Reserve. All U.S. banknotes are called Federal Reserve Notes. The proposed digital money would also enter circulation under the Department of the Treasury, but it’s unclear what role the Federal Reserve would play. The proposed money would be introduced on an experimental basis, so there would likely be a cap on the issuance, ensuring that it wouldn’t have much of an effect on M1.

The Fed’s take

While the Treasury is under the purview of the executive branch of the government, the Federal Reserve has some degree of independence. Federal Reserve Chair Jerome Powell is the chairman of the board of governors, who are appointed by the president and confirmed by the Senate much like judges, except that judges may be appointed for life while a Fed governor holds their position for 14 years.

After the Fed issued its own white paper on the issuance of a CBDC in January, not all of the governors were keen on the idea. Powell argued last summer for caution and looked to Congress for new legislation regarding a CBDC.

One of the Fed governors, Randal Quarles — vice chair for supervision — called the benefits of a CBDC “unclear” last year and the risks “significant and concrete.”

“Bitcoin and its ilk will, accordingly, almost certainly remain a risky and speculative investment rather than a revolutionary means of payment, and they are therefore highly unlikely to affect the role of the U.S. dollar or require a response with a CBDC,” Quarles said in an address to the Utah Bankers Association, later clarifying that this was his opinion rather than that of the Fed itself.

Interestingly, Powell’s approach to regulating stablecoins was more proactive.

“We have a pretty strong regulatory framework around bank deposits, for example, or money market funds. That doesn’t exist really for stablecoins,” Powell said in a congressional hearing last July. “If they are going to be a significant part of the payments universe — which we don’t think crypto assets will be, but stablecoins might be — then we need an appropriate regulatory framework, which, frankly, we don’t have.”

On March 31, Representative Trey Hollingsworth and Senator Bill Hagerty proposed the Stablecoin Transparency Act, which would require stablecoins “to be backed by government securities with maturities less than 12 months or domestic dollars while requiring stablecoin issuers to publicly release audited reports of reserves executed by third-party auditors,” according to a financial services newsletter.

All debts, public and private

One key difference between prospective e-cash and the U.S. dollar is that the latter is universally accepted. If e-cash mirrors the price of the dollar, a lot of people simply won’t take it, preferring to get old-fashioned USD. Historically, such pegs have left central banks at the mercy of speculators.

During the American Civil War, U.S. fiat currency faced its first hurdle when people flatly preferred gold and silver coins to printed money, resulting in price fluctuations. Eventually, the U.S. returned to gold and silver coinage.

Over a century later, the French government under Charles de Gaulle succeeded in breaking the fixed $35-per-ounce exchange rate between U.S. dollars and gold established at Bretton Woods in the aftermath of World War II, and in the 1990s, billionaire investor George Soros “broke the Bank of England” by betting big on the United Kingdom’s inability to maintain Sterling’s peg to European currencies in the lead-up to the introduction of the euro.

This partly helps explain why legislators advocating e-cash are so interested in making it as much like existing U.S. money in circulation as possible.

Apples and oranges

The wide-scale use of e-cash could necessitate a complete shift in the nature of financial regulation in the U.S. if it gets approval and passes the experimental stage. Importantly, it would sidestep the need for traditional retail banking, making the storage and transfer of funds a public service rather than a fee-based service. Federal monetary policy was built around the management of the economy through commercial banks, which helps to explain the hesitancy of certain central bankers like Quarles.

A lot has to do with the volume of e-cash being generated. Central bankers do have one good point: Stablecoins have enhanced the transactional value of crypto for those whose primary interest is in sending cash rather than investing. Legislators have much to lose and little to gain if they risk introducing a national e-currency that doesn’t work, especially in an inflationary economy.

Polkadot’s treasury has $245M with 2 years of runway

Texas regulators order virtual casino to stop selling NFTs

The State Security Board considers the sale of 11,111 NFTs a “high-tech fraudulent securities offering.”

A virtual, Cyprus-registered casino Sand Vegas Casino Club faced an emergency cease and desist order from Texas and Alabama state securities regulators. The company is ordered to “stop a fraudulent investment scheme tied to metaverses”. 

On April 13, the Texas State Securities Board reported issuing the order, accusing Sand Vegas Casino Club, Martin Schwarzberger and Finn Ruben Warnke of illegally offering nonfungible tokens (NFTs) to fund the development of virtual casinos in metaverses.

Allegedly, Sand Vegas offered 11,111 NFTs to raise funds for its metaverse casinos. The firm offered those who purchased Gambler NFTs and Golden Gambler NFTs a share of the future casino’s profits. By Sand Vegas' projections, owners of Gambler NFTs could expect profits between $1,224 and $24,480 per NFT annually, and Golden Gambler NFTs holders would earn between $6,480 and $81,000 per NFT over the same period.

By April 9, the listing price for Gambler NFTs was between 0.23 ETH (around $744.38) and 777.77 ETH ($2.5 million), while the listing price for Golden Gambler NFTs was between 2.13 ETH ($6,793) and 169 ETH ($547,000).

According to the order, the respondents claimed their NFT offerings were not securities and thus did not fall under securities laws. The document specified:

“The Respondents are also devising a scheme to obstruct any attempt to regulate the Gambler NFTs and Golden Gambler NFTs [...] They are misleading purchasers by claiming they can simply avoid securities regulation by implementing illusory features or using different terminology.”

Related: SEC investigating NFT market over potential securities violations

Sand Vegas is not registered to sell securities in Texas and Alabama, and hence it is not allowed to proceed with its NFT sales. It appears that the Texan regulators’ initiative could kick off a larger trend as well. As Joe Rotunda, enforcement director at the Texas State Securities Board, has told journalists, his agency is coordinating across state lines to investigate similar offerings and plan enforcement actions in the “hot area” of NFTs.

Polkadot’s treasury has $245M with 2 years of runway

Unhosted is unwelcome: EU’s attack on noncustodial wallets is part of a larger trend

Regulators on both sides of the Atlantic seem to be nervous about people transacting with their wallets.

Last week, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted in favor of a regulatory update that could compromise the exchange platforms’ ability to deal with noncustodial crypto wallets. Should the regulatory project make it to the legislation phase in the upcoming months, it would place severe disclosure requirements on transactions between noncustodial wallets and crypto exchanges in the European Union — a process whose signs are visible in other parts of the globe as well.

What happened

On Thursday, March 31, ECON and LIBE members voted on the Anti-Money Laundering (AML) regulatory package, which seeks to revise the current Transfer of Funds Regulation (TFR).

The revised version of the TFR brings several legal threats to “unhosted,” or self-custodied, wallets. It would require crypto service providers to “verify the accuracy of [the] information concerning the originator or beneficiary behind the unhosted wallet” for every transaction made between a service provider (typically, a crypto exchange) and an unhosted wallet.

It can be difficult, if not impossible, for crypto service providers to verify each “unhosted” counterpart. Hence, as crypto advocate Patrick Hansen from blockchain firm Unstoppable DeFi warned, to stay compliant and not compromise their legal position in the European market, some companies might want to block transactions with self-custodied wallets altogether if they face such surveillance and disclosure requirements. Smaller companies might find the potential costs of compliance too high and leave the market to established players, which would lead to further market centralization.

The legislation would also oblige crypto companies to inform “competent AML authorities” ‘of any transfer worth 1,000 euros (about $1,010) or more made to or from an “unhosted” wallet, a surveillance threshold that is even lower than that of fiat banking operations.

The next step for the legislation is the announcement at the plenary session of the EU Parliament, which, according to Hansen, could take place sometime in April. Should it remain unchallenged there, the legislation will make its way to the trialogue negotiations between the European Parliament, the European Commission and the Council of Europe. These negotiations could take months, but their conclusion will mark the draft becoming law. After that, the crypto industry would have from nine to 18 months to come in full compliance with the legislation.

A part of a larger trend

With its increased activity on the crypto regulation front, the European Union isn’t alone in its suspicion of noncustodial wallets. Apart from the local initiatives to impose tighter scrutiny on every crypto transaction, for example, in the Netherlands and Switzerland, U.S. regulators have set their sights on noncustodial wallets in recent years.

In 2020, the U.S. Financial Crimes Enforcement Network (FinCEN) proposed a rule that would synchronize the recording and record-keeping requirements for digital assets to those of fiat transfer funds. In the proposed framework, any transactions to or from “unhosted” wallets exceeding $10,000 would require banks and money service businesses to verify the identity of the customer (including name and physical address) and to file this information with FinCEN.

Following this, in 2021, the international Financial Action Task Force (FATF) drafted guidance with recommendations for virtual asset providers (VASPs) to classify the transfers to and from “unhosted” wallets as higher-risk transactions, with respective scrutiny and limitations to be applied. The new FATF guidance is also aimed at extending the scope of the Travel Rule to VASPs if a virtual asset transfer involves a self-custodied wallet.

Both proposals faced harsh criticism from the crypto industry stakeholders and were eventually delayed. In January 2022, however, the Department of the Treasury reintroduced the proposal to tighten the grip over noncustodial wallets in its new regulatory plan.

To resist or to adapt?

“Seven years ago, I forecasted that these regulations were coming, it was just a matter of when and under what conditions,” Justin Newton, CEO of compliance solutions provider Netki, commented to Cointelegraph. The firm provides KYC/AML technology and develops remote identity verification solutions for blockchain businesses. Newton pointed out that both the FATF guidance and the legislation in Singapore emphasize both-ends transaction verification.

U.S. President Joe Biden’s executive order on crypto highlights the consolidatory dynamic in crypto regulation, which will likely bring FinCEN’s unfinished business back into the spotlight at some point. “Sooner rather than later,” Newton added. He further commented:

“The Biden Executive order specifically spoke about bringing U.S. regulations in line with global standards, and this EU proposal is in line with FATF guidance. The EU vote should trigger U.S. companies to start embracing KYC compliance to get ahead of impending regulations in the states.”

Considering this, Newton believes that the regulators won’t leave the industry any room to ignore their demands. It might be more productive to seek a compromise on the matter, especially given that the problem has its technological solutions. The main threat to privacy isn’t a counterparty knowing who you are, but the fact that on-chain transaction transparency allows both the institutional third parties and curious individuals to track and de-anonymize your activity:

“Fortunately, newer technologies such as Lightning see this level of on-chain transparency as a bug rather than a feature, and we can hope for better privacy for our crypto transactions than is available on most blockchains today.”

What’s next?

While the new rules around “unhosted” wallets will require crypto services providers to adapt, they might be less of a threat to the industry than some stakeholders currently believe. By integrating existing off-the-shelf compliance solutions that equally value privacy, crypto can relatively seamlessly embrace compliance while preserving financial freedoms. Newton said:

“These new rules highlight the need to select compliance solutions that have the vision to see these new rules coming and have built their platforms to be prepared. Today, that means including noncustodial wallets in your Travel Rule solution. Tomorrow, it will be privacy coins and layer-2 networks such as Lightning. The taxman is coming as well, so any Compliance Communications Protocol should be prepared to support those new rules.”

But behind any optimism, problems that can’t be resolved in a win-win fashion remain. In addition to small market players who may not necessarily be in a position to adopt high-end compliance solutions, the tightening scrutiny could undermine global financial inclusion. After all, what regulators call “unhosted” wallets is an essential tool for the underbanked and the financially underserved globally.

Polkadot’s treasury has $245M with 2 years of runway

Law Decoded: ‘Unhosted’ wallets are just ‘wallets,’ March 28–April 4

Yet another regulatory attack on self-hosted wallets, a digital dollar with privacy protections, and more of the same for spot BTC ETFs.

The European Parliament continued to keep crypto users and advocates at the edge of their seats last week as yet another piece of potentially harmful legislation — this time, a set of demanding data disclosure requirements for digital asset service providers — was rushed to a vote mere days after a near miss on banning proof-of-work-based cryptocurrencies. 

Unlike the relatively happy resolution of the Markets in Crypto Assets framework situation, the EU’s new Anti-Money Laundering rules retained all the crypto-hostile language as they are going into the next round of consideration, the so-called trialogue negotiations. If the rules are enacted as they are, compliant crypto exchanges could be forced to halt transactions involving “unhosted” or self-custodied crypto wallets.

The tax reporting deadline is nearing across the Atlantic, and the Biden administration has revealed its plan to reduce the budget deficit by almost $5 billion by streamlining the reporting rules and collection of digital asset taxes in the upcoming fiscal year.

On the monetary policy front, the White House seems to have secured the passage of its four Federal Reserve nominees to the full Senate vote. Something that would be considered a formality back in the day, the Fed nomination process has become yet another partisan battlefield amid the increasing politicization of monetary policy.

Self-hosted doesn’t mean “unhosted”

The origins of regulators’ habit of framing a crypto wallet that is not custodied on a centralized platform as “unhosted” — a term that already conveys a certain air of neglect — can be traced back to at least December 2020, when the United States Treasury first attempted to impose financial monitoring requirements on crypto exchanges that facilitate transactions to such wallets. Using this language creates an impression that the only acceptable format of a “lawful” crypto wallet is being “hosted” by some centralized third party — an idea that is absurd for most people in the crypto space.

Armed with this rhetorical weapon and with the spirit of the Financial Action Task Force’s “Travel Rule,” the EU lawmakers went above and beyond what the international group’s guidance holds. While the FATF recommends that the reporting of transacting parties’ personal data be triggered by transactions between exchanges and personal wallets worth more than $1,000, the proposed EU rules extend this to any such transactions, regardless of their value. Additionally, users sending funds from a wallet to an exchange would be required to report to the platform the identity of the “unhosted” wallet’s beneficial owner, and exchanges would have to verify this information. Clearly, such requirements will put a heavy burden on compliant virtual asset service providers.

A digital dollar without surveillance?

Stephen Lynch, a member of the U.S. House of Representatives from Massachusetts, has introduced a legislative initiative proposing a form of digital cash that seeks to maximize consumer protection and data privacy. The proposal is apparently designed to address privacy and financial surveillance concerns around a potential U.S. central bank digital currency (CBDC) that several members of Congress have expressed in the past few months. For one, the prospective e-cash would not even formally qualify as a central bank currency, since the Treasury would be tasked with developing the pilot. At the same time, the bill explicitly states that the proposed Treasury money is not supposed to preclude or replace a prospective Federal Reserve-issued CBDC. Meanwhile, the movement to block the Fed’s ability to issue a retail-focused digital currency has gotten a second wind this week, with U.S. Senator Ted Cruz sponsoring a companion bill to Representative Tom Emmer’s earlier legislation aiming at just that.

All quiet on the BTC ETF front

Another spot Bitcoin exchange-traded fund application bites the dust: This week, the U.S. Securities and Exchange Commission has turned down the proposed rule change to allow ARK 21Shares Bitcoin ETF to trade on the Chicago Board Options Exchange. The justification cited the familiar mantra that the proposed product failed to meet the requirements of the Exchange Act in that it lacked “a comprehensive surveillance-sharing agreement with a regulated market of significant size” related to the underlying asset. Another contender for the distinction of sponsoring the first regulated spot Bitcoin ETF in the United States, Grayscale, is apparently preparing for a legal battle in case the regulator turns down its bid. The deadline for the SEC to render a decision on Grayscale’s product is July 7 of this year.

Polkadot’s treasury has $245M with 2 years of runway