The Clarity Act: The US Cryptocurrency Framework and its Global Spillover Impact

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The Clarity Act, soon to be introduced in the US Senate, could reshape global cryptocurrency regulation, much like the GENIUS Act did with stablecoins.

After numerous delays and setbacks, the Clarity Act , a bill establishing a comprehensive regulatory framework for the US cryptocurrency market, is moving toward a final vote in the Senate after narrowly passing a crucial committee vote two weeks ago.

The significance of this event extends beyond the borders of the United States: if passed, the bill could reshape cryptocurrency regulation globally in a way that the GENIUS Act did with stablecoins last year.

American standards and the chain reaction.

The Clarity Act has a significantly broader scope than the GENIUS Act, covering not only stablecoins but also establishing a regulatory regime for the entire crypto asset and decentralized finance (DeFi) ecosystem.

The bill revises post-Great Recession securities laws, shifting much of the oversight power from the SEC to the CFTC, an agency with a less interventionist approach, while also allowing complete exemption from regulatory oversight for projects deemed sufficiently decentralized. It also marks the first time crypto-friendly policies have been codified into federal law, making them more difficult for future administrations to reverse.

The precedent set by the GENIUS Act demonstrates the real reach of US legislation in this area. Within months of the stablecoin act being signed into law, the UK, South Korea, and Canada all introduced similar policies, while Hong Kong and Japan adjusted existing mechanisms.

Kristin Smith, president of the Solana Policy Institute, noted that the rest of the world is now watching Washington, and digital assets are no exception to the trend of the US leading global financial regulation. Cody Carbone, CEO of the Digital Chamber, warned that if the bill is not passed, the US risks falling behind jurisdictions that already have regulatory frameworks in place.

However, it is precisely this potential global impact that is the source of the strongest opposition. Senator Elizabeth Warren argues that if the U.S. weakens standards on illicit financing, it would open the door to money laundering, sanctions evasion, and cross-border terrorist financing, and provide a basis for other countries to adopt similarly weak regulations.

At last week's committee vote, Chairman Tim Scott blocked Warren's amendment aimed at tightening DeFi regulations, which were supported by law enforcement. Even with stricter language on illicit finance added to the bill, Bartlett Naylor from Public Citizen remains skeptical about its practical effectiveness, arguing that industry-friendly havens like El Salvador will continue to attract crypto businesses with lax regulation regardless of what Washington does.

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Disclaimer: The content above is only the author's opinion which does not represent any position of Followin, and is not intended as, and shall not be understood or construed as, investment advice from Followin.
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