The immediate outcome of the failure to pass the law is that crypto regulations in the United States will continue to be created outside Congress. The SEC moved quickly after the vote, issuing a temporary conditional exemption that allows eligible venues to trade tokenized U.S. stocks through permissioned liquidity pools on public blockchains.
Soon after, the CFTC sent crypto rules to the White House for review. The agency submitted a new proposal; the details were not disclosed. For now, which crypto assets it contemplates, what exchanges would need to do to qualify for licenses, what restrictions would apply and how far the agency believes its authority extends, remains unclear. All the meanwhile, the “Clarity Act is dead, at least for now,” Jesse Hamilton, CoinDesk’s deputy managing editor in charge of global policy and regulation, wrote in an analysis that explains what very few appear to know: what the Clarity Act actually is.
“While the U.S. continues debating the Clarity Act, in the UAE we actually have clarity,” Irina Heaver, a Dubai-based crypto lawyer and founder of NeosLegal, said via Telegram. More than 110 regulated virtual-asset businesses operate in the country, with about 20 more holding in-principle approvals, she added.