This week a federal judge ruled that cryptocurrencies can be treated as commodities by the CFTC (Commodity Futures Trading Commission); Wyoming's state legislature cleared a bill exempting some crypto assets from securities laws and FinCEN (the Financial Crimes Enforcement Network) said
money transmitter rules apply to ICOs.
US lawmakers continue to wrestle with how to approach cryptocurrencies, as a federal judge says the likes of bitcoin can be treated as commodities by the CFTC, FinCEN says
money transmitter rules apply to ICOs, and Wyoming's state legislature clears a bill exempting some crypto assets from securities laws.
Not exact matches
In a potentially significant
ruling from the Financial Crimes Enforcement Network (FinCEN), Bitcoin platforms are being reclassified as
money transmitters.
These omissions included information reporting by
money transmitters, clarification of foreign bank and financial account reporting (FBAR), and a de minimis
rule for reporting gains and losses (such as in the bill proposed by Reps. David Schweikert and Jared Polis, co-chairs of the Congressional Blockchain Caucus).
I am the one who got the
ruling from FinCEN that US Bitcoin miners didn't have to register as
money transmitters.
Brian's regulatory advisory work extends to insurance, banking and
money transmitter laws, the Dodd - Frank Act, the National Bank Act, the Bank Holding Company Act, the FDIA, the Insurance Holding Company System Regulatory Act, U.S. securities laws, the Basel 3 risk - based and leverage capital
rules, NAIC's RBC
rules, the Insurers Rehabilitation and Liquidation Act, BSA / AML and OFAC
rules, federal and state privacy
rules (including GLB restrictions), FCRA, EFTA and Regulation E, and Durbin / Regulation II.
These omissions included information reporting by
money transmitters, clarification of foreign bank and financial account reporting (FBAR), and a de minimis
rule for reporting gains and losses (such as in the bill proposed by Reps. David Schweikert and Jared Polis, co-chairs of the Congressional Blockchain Caucus).
The
Rule defines the term «
money transmitter» to include a person that provides
money transmission services, or any other person engaged in the transfer of funds.
In
ruling FIN -2014-R011, FinCen states that any and all digital currency exchanges must become licensed as a
money transmitter including:
These KYC
rules are intended for banks and
money transmitters to help authorities combat theft, terrorism, and
money laundering.
He enters the cryptocurrency industry as it digests
rulings from regulators that could see many companies classed as
money transmitters.
The letter says companies with Initial coin offerings are legally considered as
money transmitters and therefore are subject to
rules set up to fight
money laundry and funding of terrorism.
The new
rules required licensing for all
money transmitter services, including those working with virtual currencies.
The Financial Crimes Enforcement Network (FinCEN) revealed that it considers initial coin offerings (ICOs) to be
money transmitters, and as such, must be registered and compliant with appropriate
rules and guidelines.
It said a company with a virtual currency trading platform is a
money transmitter and thus must comply with related
rules.