As the world of cryptocurrency continues to evolve, so does the regulatory landscape that governs it. In the United States, regulators are tightening their grip on crypto operations, while across the Atlantic, Europe is creating a more welcoming environment for digital assets.
Meanwhile, in Asia, Japan is pushing for looser trade rules and tax breaks for crypto companies, while Singapore is taking a more cautious approach. Finally, in the Middle East, Dubai is positioning itself as a haven for crypto projects and their founders, but only on its own terms.
Atlantic markets
The US Securities and Exchange Commission (SEC) recently filed charges against major crypto exchanges Coinbase and Binance, alleging violations of federal securities laws and accusing them of endangering investors. The SEC alleges that these platforms have functioned as unregistered brokers and have listed tokens such as Solana (SOL), Cardano (ADA), and Polygon (MATIC), which the SEC says are securities.
This regulatory oversight extends beyond the SEC. The Commodity Futures Trading Commission (CFTC) has also sued Binance over allegations of regulatory violations, including allowing US citizens to use its cryptocurrency platform without registering with the agency.
Further, when the CFTC filed charges against Ooki DAO for operating an unregistered margin trading platform, it initially attempted to hold all DAO members accountable (DAOs are not federally recognized entities in the United States and therefore cannot provide liability protection to their members) . However, the judge in that case ultimately ruled that it would suffice to hold only the founders of the DAO responsible, but only because the court could identify who they were.
Unlike the US, Europe promotes a more welcoming environment for digital assets. The United Kingdom has recently made crypto a regulated financial activity and the European Union has adopted the Markets in Crypto-Assets (MiCA) regulation, creating a harmonized regulatory framework for digital assets across the continent.
Bernd Geier, a legal expert at Rimon, explains that MiCA has “unified requirements for offering to the public and admission to trading on a crypto-asset trading platform, as well as requirements for crypto-asset service providers.” This move is expected to foster innovation and remove barriers to growth potential in the crypto industry.
Asia’s mixed approach
In Asia, the regulatory landscape is mixed. Japan pushes for relaxed margin trading rules to attract new investors. The Japan Virtual and Crypto Assets Exchange Association (JVCEA) has urged authorities to allow higher leverage limits for retail investors to help boost market growth.
“Easing margin trading limits could make Japan more attractive to crypto and blockchain companies,” said JVCEA Vice President Genki Oda.
In addition, Japan’s National Tax Administration recently exempted crypto issuers from paying corporate taxes on unrealized profits for their holdings, a move that is expected to ease the business climate for crypto companies in the country.
However, not all Asian countries adopt a relaxed attitude. Singapore’s central bank recently banned lending and staking for retail investors, indicating a more cautious stance on crypto activities. South Korea similarly passed investor protection laws in June.
Dubai’s ambitious plans
In the Middle East, Dubai is making significant progress to strengthen its position as a global cryptocurrency hub. Ripple and Coinbase, both facing regulatory challenges in the US, have announced plans to expand operations to Dubai, citing the region’s clear regulatory framework and potential to become a global financial center .
Ripple CEO Brad Garlinghouse also praised the regulatory landscape in the region, stating that 20% of Ripple’s clients are based in the Middle East and North Africa, which have “clear regulatory regimes” and a global financial center at the be be.
Coinbase CEO Brian Armstrong echoed these sentiments, praising the United Arab Emirates’ progressive regulatory efforts on cryptocurrency. He highlighted the country’s clear rulebook and strong customer protection as key factors in Coinbase’s decision to consider the UAE as a hub for its international services.
However, Dubai’s approach to crypto regulation is not without its limitations. The Virtual Assets and Regulatory Authority (VARA) has blocked the issuance of privacy-focused crypto-assets such as Zcash (ZEC) and Monero (XMR) in the region, citing concerns over transaction traceability.
What is becoming clear from the recent spate of regulatory moves is that governments around the world are catching up with the crypto space and not falling behind. As nations grapple with how, and even if, to integrate these emerging technologies into their financial systems, it is clear that the various communities that have adopted crypto into their livelihoods are on the cusp of a global refocus.