SEC Commissioner Blasts Crypto Custody Guidance, Urging Public Dialogue

SEC Commissioner Hester Peirce criticizes her agency's guidance on crypto custody and calls for public interaction. Meanwhile, SEC's Enforcement Director pushes back against criticism of crypto regulation, reiterating the Howey test application. The SEC seeks public comments on proposed rule changes for spot Ether ETFs from Bitwise, Fidelity, and Grayscale.

SEC Commissioner Peirce Unleashes Scathing Critique on Crypto Custody Guidance, Underscoring the Urgent Need for Public Dialogue

At the recently concluded SEC Speaks conference, Commissioner Hester Peirce, a vocal critic of the Securities and Exchange Commission (SEC), launched a blistering attack on the agency's guidance on cryptocurrency custody. In a scathing speech, Peirce condemned the SEC's Staff Accounting Bulletin 121 (SAB 121), which prohibits banks from offering crypto custody services to clients.

According to Peirce, SAB 121 is a "pernicious weed" that has sprung up in the SEC's "secret garden" of policy guidelines. She argued that the guidance was developed in isolation, without proper consultation with the public or the industry, and that it stifles innovation in the cryptocurrency sector.

Peirce emphasized the vital importance of public dialogue in the regulatory process. She lamented that the SEC had failed to engage with the public or seek input from experts in the field before issuing SAB 121. This lack of transparency and accountability, she asserted, undermines the legitimacy and effectiveness of the agency's regulations.

SEC Enforcement Chief Defends Crypto Rulemaking Amidst Criticism

Gurbir Grewal, the director of the SEC's Division of Enforcement, responded to Peirce's criticisms, defending the agency's approach to regulating the cryptocurrency industry. Grewal acknowledged that the SEC is still in the early stages of developing a comprehensive regulatory framework for crypto assets but maintained that the agency is committed to applying existing laws and regulations fairly and consistently.

Grewal emphasized that the SEC's standard for determining whether an asset is a security, known as the Howey test, has been "clearly and consistently applied" in the crypto context. He did not directly address the ongoing speculation that the SEC is considering classifying Ether (ETH), the second-largest cryptocurrency by market capitalization, as a security rather than a commodity.

SEC Seeks Public Input on Ether Spot ETFs as Decision Looms

Meanwhile, the SEC is seeking public comments on proposed rule changes that would allow the listing and trading of three spot Ether exchange-traded funds (ETFs) on exchanges. The public has 21 days to respond to the applications submitted by asset managers Bitwise, Fidelity, and Grayscale.

The proposals have been met with mixed reactions from the industry. Some market participants welcome the potential for increased accessibility to Ether investments, while others express concerns about the need for robust regulatory oversight to protect investors. The SEC is expected to issue a final decision on the matter in May.

European Union Considers Stricter Regulation for Non-Decentralized Protocols

Across the Atlantic, the European Union is contemplating stricter regulation for non-decentralized protocols in the decentralized finance (DeFi) space. The Markets in Crypto-Assets Regulation (MiCA), which is the governing framework for digital assets within the EU, requires the European Commission to prepare a report by December 30, 2023, assessing the DeFi market and the feasibility of specific regulations.

"A significant aspect of this assessment will be to explore the regulation of crypto-asset lending and borrowing, a core activity within the DeFi space," explained Maxim Galash, CEO of CoinChange Financials. The report's findings could shape the EU's approach to regulating non-decentralized DeFi protocols, which currently operate largely outside of existing regulatory frameworks.

Argentina Obliges Crypto Firms to Register, Raises Concerns for Strike Users

In South America, Argentina has implemented new measures to regulate the cryptocurrency industry. The Comisión Nacional de Valores (CNV), the country's securities regulator, has announced that virtual asset service providers must register with the government in accordance with recommendations from the Financial Action Task Force (FATF).

The registration requirement has caused some concern among users of Strike, a platform popular in Argentina for facilitating Bitcoin (BTC) payments via the Lightning Network. Reports have emerged that Strike users are no longer able to send fiat currency to their bank accounts. It remains unclear how the new regulations will impact businesses operating in Argentina or customers seeking to use crypto-related services.

Singapore Expands Regulations for Token Custody and Transfers

In Asia, the Monetary Authority of Singapore (MAS) has announced amendments to the country's Payment Services Act (P.S. Act) to expand the scope of regulated services related to digital payment token (DPT) service providers.

Under the revised P.S. Act, DPT service providers will be required to obtain regulatory approval for providing custodial services, facilitating token transfers and exchange, and enabling cross-border money transfers. MAS emphasized that the law will apply even if the service provider does not take possession of the funds or the money is not accepted or received in Singapore.

The amendments demonstrate MAS's commitment to ensuring a safe and well-regulated environment for digital asset activities in Singapore. By bringing additional DPT-related services within its regulatory purview, MAS seeks to protect investors and maintain financial stability in the rapidly evolving crypto landscape.