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Federal law "does not contain any exception" for decentralized finance markets, Dan Berkovitz said.
Unlicensed decentralized finance (DeFi) markets may be illegal in the U.S., a top commodities regulator said Tuesday.
DeFi markets for derivative instruments – meaning futures contracts, for example – may not be legal under the Commodity Exchange Act, a U.S. law that governs such products and requires them to trade only on regulated designated contract markets (DCMs), Commodity Futures Trading Commission (CFTC) Commissioner Dan Berkovitz said in a speech to the Asset Management Derivatives Forum.
“DeFi markets, platforms or websites are not registered as DCMs or SEFs [swap execution facilities]. The CEA does not contain any exception from registration for digital currencies, blockchains or smart contracts,” he said.
DeFi has been drawing more scrutiny since taking off last summer. The Financial Action Task Force (FATF), a global financial watchdog, published guidance in March recommending regulators impose certain restrictions on the sector, and the World Economic Forum published a white paper early Tuesday hoping to educate policymakers about this portion of the crypto sector.
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Items held on decentralized networks are by definition not securities as they are discreet free speech with no obligation from any party to either perform or not perform actions. Therefore outside of jurisdiction in the firstplace.
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