General

The rise of decentralized finance (DeFi) presents new challenges and opportunities for the application and adaptation of the Bank Secrecy Act (BSA). DeFi’s promise of democratized access to financial services, combined with its inherent complexity, necessitates a reevaluation of existing regulatory frameworks. This is essential to ensure effective oversight without stifling innovation. The key question is: Can anti-money laundering (AML) regulatory regimes adapt to include DeFi, or can the DeFi space adapt to meet regulatory requirements? The answer likely lies somewhere in the middle, often viewed as a compromise.

The interplay between MiCAR (Markets in Crypto-Assets Regulation) and MiFID II (Markets in Financial Instruments Directive II) is crucial for understanding the regulatory treatment of crypto assets and crypto asset services in the European Union. This article examines the roles and interactions of MiCAR and MiFID II, particularly in the classification of crypto-assets and how firms already authorized under MiFID II can leverage their existing authorizations to offer crypto-asset services in the EU. Finally, it provides a concise comparative analysis of MiCAR and MiFID II with other global regulatory frameworks.

Introduction 

Stablecoins are cryptocurrencies designed to maintain a stable value by being pegged to a fiat currency or other assets. Their core advantage is the price stability that facilitates transactions and participation in decentralized finance. However, their main disadvantages include potential regulatory risks, as increased scrutiny and evolving regulations could impact their usage and acceptance, as well as centralization and transparency issues that pose significant compliance challenges.

Two of the most talked about issues in technology today are blockchain and generative artificial intelligence (AI). To most consumers, these technologies generally occupy opposite sides of the spectrum. Blockchain serves as a public, digital ledger, most often for cryptocurrency transactions, while generative AI aids in the production of text, image, audio, and as we saw in the recent release of OpenAI’s Sora, video.

The Department of the Treasury Financial Crimes Enforcement Network (FinCEN) has issued a notice of proposed rulemaking (NPRM) regarding transactions involving convertible virtual currency (CVC) mixing.