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Trump Administration Considers CFTC as Main Regulator for Crypto Industry, Cutting SEC's Role

Highlights:

  • The Trump administration plans to expand the CFTC’s role in regulating digital assets.
  • CFTC would gain authority over crypto spot markets, reducing the SEC’s control over the sector.
  • Former CFTC Chair Giancarlo is a top contender for the White House “Crypto Czar.”

The incoming Donald Trump administration in the US White House plans to expand the Commodity Futures Trading Commission’s (CFTC) role by giving it oversight of the digital asset market, according to a FOX Business report. The proposal aims to focus on digital assets like Bitcoin and Ethereum, which are classified as commodities under existing law. If approved, it would give the Commodity Futures Trading Commission (CFTC) the authority to regulate spot markets and exchanges.

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At present, the CFTC oversees U.S. derivatives markets, including futures and options for commodities like oil and gold. However, it does not currently oversee digital asset spot markets. This change would empower the CFTC with new authority to enforce rules and promote fair trading practices. This shift would reduce the Securities and Exchange Commission’s (SEC) control over the industry.

Trump Plans to Strengthen U.S. Crypto Industry and Limit SEC Control

President-elect Trump’s team claims the SEC’s enforcement actions have hindered crypto innovation in the United States. They argue that a less stringent approach is necessary to support industry growth, Fox reported. The shift would be part of a broader effort to limit the SEC’s control over the digital asset industry under President Biden and SEC Chairman Gary Gensler. 

Trump has promised to strengthen the United States crypto industry, including creating a federal Bitcoin reserve. Additionally, Trump aims to fire Gary Gensler, who has held a harsh stance against crypto. Last week, Gensler announced resigning as SEC Chair on January 20, next year, which coincides with Trump’s inauguration as the 47th U.S. president.

If the CFTC gains control of crypto regulation, it would be a major win for the industry. The agency is seen as fairer and less strict, making it the preferred regulator. “With adequate funding and under the right leadership, I think the CFTC could hit the ground running to begin regulating digital commodities on day one of Donald Trump’s presidency,” former CFTC chair Chris Giancarlo told Fox.

The Battle for Crypto Regulation

The SEC oversees the securities industry in the United States, while the CFTC regulates commodities and derivatives markets. The SEC has a much larger budget and more resources. For fiscal year 2024, its budget is $3 billion, compared to $706 million for the CFTC. The SEC also has 5,300 staff members. 

The CFTC employs around 700 staff members. This limited capacity might need additional funding and resources to manage digital asset transactions. The two regulators have frequently disagreed over jurisdiction in the $3 trillion cryptocurrency market.

If the Trump administration assigns crypto oversight to the CFTC, it could provide much-needed regulatory clarity to the sector. The CFTC has notably taken a more favorable approach to crypto than the SEC. The commodities regulator approved Bitcoin futures trading in 2017, whereas the SEC only greenlit spot Bitcoin exchange-traded funds at the start of this year.

Trump Considers Former CFTC Chair for First-Ever White House Crypto Czar Role

Former CFTC Chair Chris Giancarlo backs stronger crypto regulation and an expanded role for the agency. He highlighted the CFTC’s involvement in crypto since 2015, when it recognized Bitcoin as a commodity. Giancarlo emphasized that sufficient funding encourages the commission to effectively regulate digital commodities. Nicknamed “Crypto Dad” for his blockchain support, Giancarlo is a top contender for Trump’s White House “Crypto Czar” role.

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