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GAO Urges Crypto Regulation: Improve Inter-Agency Cooperation

By Cornell Rachel
Jul 26, 2023
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The US Government Accountability Office (GAO), a congressional watchdog, has released a 77-page report on the regulatory framework for blockchain use in finance. The report was requested by Reps. Maxine Waters and Stephen Lynch of the House Financial Services Committee ahead of the midterm elections. It surprisingly concludes that more regulation is needed in the crypto space. The GAO developed a framework for evaluating regulatory reform proposals, aiming to address the lack of comprehensive oversight in the crypto-asset trading platforms and stablecoins.

The report highlights the regulatory gap in the spot market for non-secure crypto assets, as they currently lack the same level of oversight as traditional assets. While traditional assets are heavily regulated, crypto assets are subject to limited oversight from agencies like the Financial Crimes Enforcement Network and national money transmission licenses. The report identifies the need for comprehensive prudential regulation and oversight for crypto assets to mitigate financial stability risks and protect platform users.

Regarding decentralized finance (DeFi), the report suggests regulating it in inverse proportion to its degree of decentralization. When an ecosystem is fully decentralized, no single entity can be identified as developing, operating, or managing it. The report emphasizes the importance of coordination Among regulators and acknowledges complaints from market participants about the slow response of regulators to market innovations.

The report recommends that relevant regulators jointly establish or adjust existing formal coordination mechanisms to identify risks posed by blockchain-related products and services. This would help develop timely regulatory responses and create formal planning documents to determine meeting frequencies and processes for risk identification and response within an agreed timeframe. The National Credit Union Administration expressed agreement with the findings, while others disagreed.

Although the GAO's recommendations are not legally binding, the agency's century-old history as the country's supreme auditor gives its findings significant moral weight. The report sheds light on the need for clearer and more cohesive regulation in the blockchain and crypto to space to ensure financial stability and protect consumers.

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