Policy & Regulation
Sep 27, 2023
SEC Chairman Gensler Grilled Over Crypto Custody Guidance at House Hearing
According to Cointelegraph: Gary Gensler, the chairman of the U.S. Securities and Exchange Commission (SEC), faced intense scrutiny and criticism of the agency’s policies and actions during a House Financial Services Committee hearing on September 27. A significant portion of the session tackled the SEC’s Staff Accounting Bulletin (SAB) 121, a measure published in March 2022 regarding the accounting and disclosure of crypto assets held by public companies. Critics, including Representative Mike Flood, took issue with the SEC’s process for publishing SAB 121. Flood highlighted that neither the Financial Accounting Standards Board (FASB) nor prudential regulators were consulted before the SAB’s release. He also revealed that at the time of SAB 121’s issuance, the FASB had not addressed digital asset custody standards. Furthermore, Flood disputed Gensler’s claim that SAB 121 provided guidance based on existing SEC rules, stating there were no specific rules on custody of digital assets when the bulletin was released. This discrepancy led Flood to assert that either the SEC knew there was no strong justification for issuing the guidance and did so anyway, or the issuance was a mistake. The SAB 121 has faced opposition since its release, with adverse responses from SEC Commissioner Hester Peirce, as well as letters of concern sent to Gensler by a group of senators and the Financial Services Committee members, claiming the bulletin was a form of disguised regulation. Apart from the SAB 121 discussions, topics such as the approval of spot Bitcoin exchange-traded funds, the SEC's handling of the Grayscale case, and an alleged lack of impartiality within the financial industry were covered during the hearing. Particularly notable were discussions on the interpretation of the Howey test, a standard used by the SEC to determine if an asset qualifies as a security.        
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Sep 27, 2023
Compliance with OFAC Standards Plummets to 45% Post Ethereum's Merge Upgrade
According to Cointelegraph: Ethereum's adherence to the Office of Foreign Assets Control (OFAC) standards drastically dropped to 45% following the historic Merge upgrade in September 2022. This upgrade was crucial in Ethereum's shift from proof-of-work (PoW) to proof-of-stake (PoS), but it led to a significant decline in compliance with OFAC-established protocols. List of entities running censoring MEV relays on their validators are actively harming Ethereum’s credible neutrality. Source: MEV Watch OFAC compliance involves censoring certain transactions, which compromises the neutrality of the Ethereum ecosystem. Notably, OFAC imposed sanctions on Tornado Cash and several associated Ether addresses in August 2022, amid concerns over transaction anonymization potential. Prior to the Merge upgrade, Ethereum's OFAC compliance saw substantial growth as crypto exchanges like Binance, Celsius Network, Bitfinex, Ledger Live, Huobi (HTX), and Coinbase, among the top censorship offenders, ran censoring MEV-Boost relays on their validators, as per MEV Watch data. However, post-upgrade, this compliance dropped from 78% in November 2022 to a recent 30%, marking a 57% decrease. Post-Merge daily OFAC-compliant Ethereum blocks. Source: MEV Watch To counter this, seven major MEV-boost relays like Flashbots, BloXroute Max Profit, BloXroute Ethical, BloXroute Regulated, BlockNative, Manifold, and Eden are often used, although only three function without OFAC compliance-oriented censoring. OFAC regulations mainly target U.S.-based entities, but non-U.S. validators are advised to run non-censoring relays for the network's benefit despite Ethereum's declining OFAC compliance. Simultaneously, Grayscale decided to forfeit all rights to PoW Ethereum tokens (ETHPoW), citing liquidity issues as the reason for this decision, while some investment firms like ETC Group are exploring the launch of dedicated EthereumPoW exchange-traded products (ETPs).        
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Sep 27, 2023
SEC Defers Decisions on Ark, Global X Bitcoin ETFs Amid Prospective Government Shutdown
According to CoinDesk: The U.S. Securities and Exchange Commission (SEC) has extended the deadlines for its response to Bitcoin ETF applications from Ark 21Shares and Global X, anticipating a possible federal government shutdown due to Congress's ongoing budget negotiations. Both Ark Investment Management and 21Shares have been awaiting ETF approval since 2021, having refiled for a potential Bitcoin ETF earlier this year after previous attempts were denied by the SEC. The new deadline for an SEC response to Ark 21Shares is now set at January 10. Global X, which submitted its application last month to become the ninth active spot-Bitcoin application under the SEC's purview, will now have to wait until November 21 for a response. If approved, the fund would provide investors with exposure to Bitcoin along with protections not always available to investors directly investing in Bitcoin. Although the SEC previously rejected spot Bitcoin ETF products, citing market manipulation risks and inadequate investor protections, last month's federal court ruling criticized the regulator's ETF decisions as "arbitrary and capricious" and ordered it to reconsider its stance. While the SEC typically utilizes its full 240-day window to deliver a final decision, the potential government shutdown has advanced the interim decision to Tuesday, much earlier than usual. In similar circumstances during the 2019 shutdown, the SEC asked an applicant to withdraw its filing. In Tuesday's filings, the SEC stated that it "finds it appropriate to designate a longer period within which to take action," providing the regulator with "sufficient time to consider" its decision. The move coincides with a letter sent by bipartisan members of the House Financial Services Committee to SEC Chair Gary Gensler, urging expedited approval of the pending spot ETF applications following the regulatory body's recent court setback.        
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Sep 26, 2023
Chase UK Imposes Restrictions on Crypto Transactions, Citing Fraud Concerns
According to Cointelegraph: The UK customers of Chase Bank will no longer be able to conduct cryptocurrency transactions starting from October 16. Chase Bank, a digital banking subsidiary of the investment bank JPMorgan, cited the growing instances of crypto-related scams and fraud as the reason behind this decision. A spokesperson from the bank conveyed that the customers won't be able to make crypto transactions using their debit cards nor through outgoing bank transfers. If the customers attempt to make a crypto-related transaction, they will receive a declined transaction notification. The decision was underpinned by data from Action Fraud, the UK's fraud reporting agency, indicating a surge in UK consumer losses to crypto scams by over 40% in the previous year, amounting to over 300 million British pounds ($365 million). The bank in a statement reassured its commitment towards safeguarding customers' money and considering the escalation in scams targeting UK consumers, they chose to prohibit the purchase of crypto assets on Chase debit cards and transfers from Chase accounts to crypto sites. Chase Bank informed its customers about this change in policy through emails on September 26, which was followed by several customers reporting the receipt of the notifications about the policy revisions concerning crypto on social media platform X (earlier known as Twitter). Chase Bank caters to more than 50 million active users worldwide through its 4,600 branches. However, these restrictions will only affect approximately 2% of Chase’s total users worldwide, as Chase UK’s customer base reached 1 million last September, post its inception in 2021.          
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Sep 21, 2023
Grayscale Investments Seeks SEC Approval for Ethereum Futures ETF
According to Decrypt: Grayscale Investments has filed an application with the U.S. Securities and Exchange Commission (SEC) to create a new crypto exchange-traded fund (ETF). This ETF, however, would deal in Ethereum futures, rather than Bitcoin spot like many other applications currently under review by the regulatory body. The documents Grayscale filed on Tuesday clarify that the proposed fund would not transact in Ether and would not necessitate an Ether custodian. The company's application comes in the wake of a positive ruling last month where a federal judge overturned the SEC's denial of Grayscale’s request to convert its Bitcoin trust into a spot ETF. As Grayscale waits for the approval of its Bitcoin ETF, it anticipates that the Ethereum futures ETF will receive approval from the SEC. The SEC initially approved a Bitcoin futures ETF in 2021, allowing investors to speculate on future digital asset prices. Investors show a strong appetite for spot crypto ETFs, and numerous such applications are currently under the SEC's evaluation, including one from the world's largest asset manager, BlackRock. A crypto ETF would offer traditional investors a more secure way to get involved with the asset. ETFs are financial instruments that allow people to buy shares mirroring the price of an underlying asset. Therefore, a Bitcoin ETF would let investors involve themselves in the asset without having to worry about the storage and protection of their cryptocurrency holdings.        
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