The Uncertain Future of Tether (USDT) in Europe as MiCA Enforcement Approaches

Coinbase, a leading U.S.-based cryptocurrency exchange, preemptively delisted USDT from its European services earlier in December 2024

Coinbase, a major cryptocurrency exchange based in the United States, preemptively delisted USDT from its European services earlier in December 2024, citing concerns over MiCA compliance. However, other large platforms like Binance and Crypto.com have chosen to continue offering USDT in Europe.

Uncertainty Around USDT Compliance

Despite MiCA's impending enforcement, European regulators have not explicitly stated whether USDT meets the new compliance standards. This regulatory silence has left market participants divided.

“No regulators have explicitly stated that USDT is non-compliant, but that does not mean it is compliant,” explained Juan Ignacio Ibañez, a member of the MiCA Crypto Alliance’s Technical Committee.

This move by Coinbase to delist USDT shows the conservative approach the firm takes toward avoiding any last-minute compliance risks. In contrast, other exchanges, including Binance and Crypto.com, remain open for USDT trading as they await further clarity.

Potential Impact of Non-Compliance

Industry experts are warning that USDT's non-compliance could lead to significant disruptions.

“A formal ban on USDT would likely increase costs for traders and disrupt market liquidity,” remarked Kinge.

Moreover, Joseph Hurtado, the founder of Granata Consulting, highlighted the broader implications: “Restricting USDT could weaken Europe’s position as a hub for cryptocurrency innovation.”

MiCA's Transitional Measures

A transitional phase is included in MiCA, allowing entities operating under national laws to adapt to the new framework. The “grandfathering” clause permits existing service providers to continue operations until July 1, 2026, or until they obtain or are denied MiCA authorization. However, the length of this transitional period varies by country, ranging from six months in the Netherlands to 18 months in France.

While this flexibility provides some breathing room for market participants, it also creates uneven levels of consumer protection across the EU. “Waiting without acting could prove risky in the long term,” warned Ibañez, emphasizing the importance of proactive measures.

Tether's operations have faced scrutiny over its auditing practices. Critics like Jason Calacanis, the host of the All-In Podcast, have questioned Tether's use of assurance reports from BDO Italia instead of audits by major firms. On the other hand, Tether CEO Paolo Ardoino has defended the company's practices, highlighting efforts to expand USDT's practical use cases and network collaborations.

The Road Ahead for USDT in Europe

As the December 30 deadline approaches, the future of USDT in Europe remains uncertain. Some platforms are adopting a wait-and-see approach, while others, like Coinbase, are prioritizing compliance. The regulatory ambiguity underscores the challenges of balancing technological innovation with strict oversight.

The European Securities and Markets Authority (ESMA) has yet to provide definitive guidance on USDT’s status under MiCA. As exchanges and market participants navigate this transitional phase, the need for clear, cohesive directives from regulators is more pressing than ever.

Conclusion

The MiCA regulation represents a critical milestone for the European cryptocurrency market, aiming to enhance transparency and consumer protection. However, the lack of clarity regarding key assets like USDT highlights the complexities of implementing such sweeping reforms. As the industry adapts to these changes, the stakes are high for both market participants and regulators to find a path that ensures stability without stifling innovation.