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UK Treasury Excludes Derivatives and 'Unbacked' Tokens from Regulatory Sandbox

By Christopher Smith
Jul 17, 2023
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The UK Treasury has put forward a proposal to exclude unbacked crypto assets and derivatives from the digital securities sandbox program. In a consultation paper released on July 11, the Treasury stated that the regulatory sandbox, established under the Financial Services and Mark ets Act, will provide an opportunity for the government to make necessary amendments to existing legislation concerning crypto products. The proposed framework aims to allow businesses to operate within the existing legal scope for their products or services, as determined by Parliament.

However, the consultation paper indicates that this scope may not extend to the regulation of "unbacked" crypto assets and derivatives, as these areas are still evolving. The Treasury has invited feedback on its proposed digital securities sandbox, with the consultation period set to end in August 2023. The framework suggests that assets like Bitcoin and Ethereum may not qualify for the Treasury Initiative. Lawmakers in the UK have previously categorized cryptocurrencies as "unbacked" and advocated for them to be treated as gambling. The Treasury stated that it intends to use existing regulatory initiatives to develop policies and regulations for unsecured tokens until more defined frameworks are in place.

Cryptocurrency companies operating in the UK are required to adhere to certain guidelines outlined in the Financial Services and Markets Act, which aim to foster innovation while safeguarding consumers. The country's Financial Conduct Authority has issued a warning to businesses that, start ing from October 2023, the framework will only permit "four legal avenues for crypto asset promotions." This move by the UK Treasury reflects a cautious approach toward regulating unbacked crypto assets and derivatives, acknowledging the need for clearer frameworks and defined regulations in these areas be fore incorporating them into the digital securities sandbox program.

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