Clarification of Crypto Regulations... Spotlight on Clarity Act Will It Surpass the Genius Act?... Attention on Impact 'Crypto = Commodity'... Clear Legal Status Senate Hurdle Remains... Legislative Speed a Variable As the United States speeds up the legislation of the Cryptocurrency Market Structure Act (Clarity Act), the industry's attention is focused. If the bill is enacted, some predict that its impact on the market could be even greater than that of the Stablecoin Act (Genius Act). Previously, after the Genius Act passed the US Senate last month, the price of Bitcoin surpassed $110,000 for the first time in history. On the 10th (local time), according to industry sources, the Clarity Act passed the 'markup' in the House Financial Services Committee with 32 votes in favor and 19 against. Markup is the review stage where a committee gives final consideration to a bill before submitting it to the full chamber. On the same day, the Clarity Act also passed the markup in the House Agriculture Committee with 47 votes in favor and 6 against. French Hill, Chair of the House Financial Services Committee, stated, "(The Clarity Act) is a law to establish a fair and forward-looking regulatory system," adding, "The Clarity Act will address all issues that could undermine the (crypto) market." As its name 'Clarity' suggests, the act aims to fill regulatory gaps in cryptocurrency. It comprehensively amends the 'FIT21' introduced in 2023, with a key focus on clarifying the legal status of virtual assets. Especially, the Clarity Act designates cryptocurrencies such as Bitcoin (BTC) as 'Digital Commodities' and explicitly states that such assets are not securities under US securities law. In effect, it firmly declares that cryptocurrencies themselves are not securities. Clarification of US Regulatory Authority... CFTC’s Authority Substantially Enhanced A central feature of the bill is its clear distinction between the jurisdiction of US regulatory authorities, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). In the US, the SEC supervises securities, while the CFTC oversees commodities. However, ambiguity over whether cryptocurrencies should be treated as securities or commodities has often led to overlapping or post hoc regulations. This is why the Clarity Act explicitly stipulates whether or not cryptocurrencies are securities. Specifically, the CFTC’s authority over the crypto industry is significantly expanded. The Clarity Act stipulates that the CFTC will have 'exclusive jurisdiction' over spot markets for digital assets. This means the CFTC, which had primarily overseen crypto derivatives markets, will now also regulate spot markets. Accordingly, exchanges and brokers handling crypto spot assets must register with the CFTC instead of with the SEC. Of course, the SEC’s role is not eliminated. According to the Clarity Act, the SEC’s jurisdiction will focus on the stage when blockchain projects issue new tokens and raise funds. Furthermore, until the SEC acknowledges that a blockchain network has reached a 'mature' stage, the projects are required to disclose financial information, token supply, and more. The SEC will retain authority to sanction unfair trading practices such as crypto price manipulation within its jurisdiction. The role of the SEC’s fintech-specialized unit will also be strengthened. Previously, in 2018, the SEC established FinHub, dedicated to financial innovation, and elevated it to an independent office in 2020. The Clarity Act specifies the legal status and role of this organization and mandates the establishment of LabCFTC, a financial innovation office at the CFTC. The Act states that LabCFTC’s purpose is to "promote responsible financial technology innovation and fair competition for the benefit of the American public." The bill also includes provisions to prevent duplicative regulation. Specifically, institutions registered with the SEC may conduct crypto spot trading without separate CFTC licensing. Additionally, the Clarity Act clarifies that, considering the diversity of laws among US states, federal law takes precedence in governing the crypto industry. The Act also specifies that some regulations under the Commodity Exchange Act (CEA) are exempted for DeFi (Decentralized Finance). Will the Clarity Act Become a 'Game Changer' for the Crypto Industry? The industry believes the Clarity Act could be a game changer for crypto. Above all, enactment of the bill would resolve much of the regulatory uncertainty that has obstructed US crypto firms from expanding their business, potentially having an even greater impact than the Genius Act. The price of Bitcoin surged to $110,000 for the first time after the Genius Act passed a 'cloture vote' in the US Senate last month. Minseung Kim, head of research at Korbit, explained, "The introduction of the Clarity Act and similar industry-specific legislation is positive, as it confers legal clarity," adding, "Although some regulations may be strengthened in the process, it is an inevitable step for market stabilization, maturity, and expansion." US regulatory authorities’ resolve to foster the crypto industry is also evident. Brian Quintenz, nominee for CFTC Chair, said at the Senate Agriculture Committee confirmation hearing on the 10th (local time), "Full realization of digital assets’ potential requires clear regulatory direction from Congress," and, "The Clarity Act is a legislative opportunity that enables both consumer protection and technological innovation." Paul Atkins, SEC Commissioner appointed after the launch of the second Trump administration, commented at a DeFi roundtable on the 9th, "I instructed staff to review possible rule changes related to DeFi for greater regulatory flexibility." However, it is uncertain whether the Clarity Act will speedily clear the Senate hurdle, even if it passes the House. This is because the US Democratic Party continues to hold a negative stance towards the Trump administration’s crypto policy. Concerns over conflicts of interest involving the Trump family’s crypto businesses are becoming an increasingly influential variable. Democratic Representative David Scott criticized the Clarity Act, stating, "It allows crypto companies to circumvent appropriate oversight and ignore investor protection."
June 11PiCK