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Merkle Science RegWatch DeFi

Diving into DeFi - How Does the FATF View DeFi?

Decentralized Finance (DeFi) is pegged to be the next frontier of fintech innovation. Though the future of DeFi looks promising, it faces some significant regulatory hurdles. Merkle Science recently published “Diving into DeFi: Fundamentals from the Financial Frontier” — a comprehensive primer of the current DeFi landscape that includes a look into the Financial Action Task Force’s (FATF) potential approach toward the space based on its latest draft updated guidance for virtual assets (VAs) and virtual asset service providers (VASPs).

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U.S. Regulators Ramp Up Regulatory Oversight Over the Crypto Industry

Last week, the U.S. regulatory front attempted to address a long-standing desire from the industry for regulatory clarity. During a speech on 3 August 2021, at the Aspen Security Forum, the Securities Exchange Commission (SEC Chairman Gary Gensler outlined the approach that SEC may adopt to regulate the crypto industry. Keeping investor and consumer protection as his focal point, Gensler highlighted some of the concerns SEC had about DeFi platforms, stablecoins, exchange-traded funds (ETFS), crypto exchanges, and lending — and asked for resources from Congress to prevent transactions, products, and platforms from falling through regulatory cracks. This statement comes shortly after the introduction of the “Digital Asset Market Structure and Investor Protection Act” bill by Rep. Don Beyer (D-VA) on 28 July 2021. The bill, which is pegged to be the most comprehensive one to date lays down provisions that (a) regulate the categorization of digital assets, (b) desecuritization of tokens, and (c) allow the Department of Treasury to veto the creation of stablecoins amongst other measures. Further, on 1 August 2021, the senate proposed provisions on taxing digital assets in order to fund the Infrastructure Bill. The broadly worded definition of ‘broker’ in the bill has been a source of significant controversy, as the industry leaders believe it stifles innovation and investment in the crypto space.

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Key Highlights from the FinCEN’s AML/CFT National Priorities List

The United States Financial Crime Enforcement Network (FinCEN) issued its first government-wide list of priorities for Anti Money Laundering and Countering the Financing of Terrorism National Priorities (Priority List) on 30 June 2021. The Priority List coupled with the Department of the Treasury’s Illicit Finance Strategy 2020 and National Risk Assessment Priority List 2018, aims to help the covered institutions assess their risks, tailor their AML program and prioritize their resources in line with the key AML/CFT threats identified by the FinCEN. As per FinCEN, covered institutions are those financial institutions that are required by the Bank Secrecy Act (BSA) to maintain an AML Program. Covered Institutions include both banking institutions and non-financial banking institutions such as mutual funds, banks without a Federal functional regulator, money service businesses (MSBs) amongst others.

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