In a recent report published by the Commodity Futures Trading Commission (CFTC), the U.S. agency responsible for regulating futures, swaps, and options, policymakers have been urged to focus their attention on digital identity and anti-money laundering (AML) in the decentralized finance (DeFi) sector. The report comes as regulators seek to address concerns that DeFi may evade regulatory scrutiny due to its decentralized and pseudonymous nature.
CFTC calls for prioritization of digital identity
The CFTC’s report emphasizes the need for policymakers to identify and prioritize projects of greatest concern within the DeFi space. Specifically, the report highlights three key areas of focus: digital identity, know your customer (KYC) and AML regimes, and the calibration of privacy within DeFi platforms.
The decentralized nature of DeFi has raised concerns regarding the effectiveness of AML and countering the financing of terrorism (AML/CFT) regimes. The report points out that pseudonymity and disintermediation, prevalent in most DeFi systems, pose serious challenges for policymakers. These challenges stem from the difficulty of properly identifying participants and assigning responsibility within the decentralized ecosystem.
Regulatory scrutiny on DeFi
The CFTC’s interest in regulating DeFi has been evident in recent legal actions. In June, the CFTC won a lawsuit against the decentralized autonomous organization (DAO) known as Ooki DAO, which was accused of offering unregistered commodities.
By September, the CFTC had also filed lawsuits against three companies building reputable DeFi protocols for their alleged involvement in illegal derivatives trading. These companies eventually settled the charges.
As highlighted in the report, one of the central concerns surrounding DeFi is the absence of clear lines of responsibility and accountability within these systems. Christy Goldsmith Romero, a CFTC Commissioner, expressed concerns about DeFi’s inability to ensure victim recourse, defend against illicit exploitation, or implement necessary changes and controls during crisis and network stress.
FinCEN’s involvement
The Financial Crimes Enforcement Network (FinCEN) is also actively exploring ways to identify individuals participating in decentralized finance. Last week, FinCEN introduced a beneficial ownership reporting system that mandates many U.S.-based companies to disclose information about their ownership and control structures. This initiative aims to shed light on the ownership of companies operating within the United States.
The U.S. Treasury Secretary Janet Yellen highlighted the rapid response to FinCEN’s beneficial ownership reporting system, with over 100,000 filings received within one week.
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