TREE NEWS update: The CFTC filed a crypto market rulemaking with the White House Office of Information and Regulatory Affairs on Sept. 17, covering “Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets” under RIN 3038-AF80. OIRA lists the filing at the prerule stage, not as a proposed rule. The submission came two days after the Senate blocked the CLARITY Act.
CFTC Sends Crypto Market Rulemaking to White House at Prerule Stage
The timing is the story: a pre-rule submission landing days after the Senate blocked the CLARITY Act suggests the agency is staking out its own turf rather than waiting on Congress. Pre-rule status matters because it signals intent without binding obligations or a public comment clock, keeping the substance opaque for now. For crypto and tokenized-asset businesses, the open question is whether this becomes a genuine rulemaking or remains a placeholder while the legislative fight plays out.
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