CFTC Removes Regulatory Hurdles for Crypto Derivatives Market

The US Commodities Futures Trading Commission (CFTC) scrapped a key directive that had previously signaled increased scrutiny for digital asset derivatives.

This decision indicates a friendlier regulatory climate for digital assets in the US, given the Trump administration’s pro-crypto stance.

CFTC Loosens Oversight for Crypto Derivatives

The CFTC withdrew Staff Advisory No. 23-07 and No. 18-14 by its Division of Clearing and Risk (DCR).

The former, issued in May 2023, focused on the risks of clearing digital assets. Meanwhile, the latter targeted virtual currency derivatives listings.

Upon establishment, both directives hinted at the singling out of crypto products for tougher oversight.

However, both have now been deemed unnecessary, effective immediately, amid the commodities’ regulator’s push toward regulatory consistency.

The decision indicates a shift to treating digital asset derivatives like those on Ethereum (ETH) as traditional finance (TradFi) products.

“As stated in today’s withdrawal letter, DCR determined to withdraw the advisory to ensure that it does not suggest that its regulatory treatment of digital asset derivatives will vary from its treatment of other products,” the CFTC explained.

This move will eliminate the perceived distinctions between digital asset derivatives and TradFi instruments.

It also paves the way for enhanced market participation, which will facilitate broader involvement from financial institutions in the digital asset derivatives market. This could lead to increased liquidity and market maturity.

Nevertheless, the advisory warned derivatives clearing organizations (DCOs) to prepare for risk assessments specific to digital products’ unique characteristics.

Therefore, while it reflects the CFTC’s commitment to promoting innovation, it also suggests the intention to maintain strong financial oversight.

Meanwhile, this decision comes only weeks after the Office of the Comptroller of the Currency (OCC) allowed US banks to offer crypto and stablecoin services without prior approval.

However, the OCC had articulated that despite lifting the approval requirement, banks must maintain strong risk management controls akin to those required for traditional banking operations.

“The OCC expects banks to have the same strong risk management controls in place to support novel bank activities as they do for traditional ones,” said Rodney E. Hood, the acting Comptroller of the Currency.  

Therefore, the CFTC’s move to eliminate regulatory bias for crypto derivatives marks a major divide in US policy. On the one hand, the CFTC seeks to scrap the distinction between crypto derivatives and TradFi instruments.

On the other hand, the FDIC (Federal Deposit Insurance Corporation) and OCC want banks to maintain risk management controls similar to those required for traditional banking operations despite providing crypto and stablecoin services.

Notwithstanding, these efforts mirror a growing trend among US financial regulators to lower barriers and foster responsible innovation in the crypto industry.