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The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to.
The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws.
A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC.
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All submissions must also now include an exit plan – a new obligation that applies across the board. This requirement, intended to ensure orderly market withdrawal, marked a move toward embedding long-term risk management into the licensing process.
It requires operators to describe in detail how they will responsibly wind down their operations should their licence not be renewed or be revoked. Or if they decide to leave the market midway through the five years between renewals.
The regulator noted that several operators received “additional points for attention”, indicating that while these applicants met minimum legal thresholds, the KSA expected continuous improvements in compliance practices.
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Four of the investigations – those involving Resorts World Las Vegas, MGM Resorts, Caesars Entertainment and the Venetian – centred around AML violations related to illegal bookmaker Mathew Bowyer, who was placed on the state’s exclusion list in April. The other case involving Wynn Las Vegas did not pertain to play from Bowyer.
Wynn forfeited $130 million to the federal government for a slew of proxy betting violations, which was “believed to be the largest forfeiture by a casino based on admissions of criminal wrongdoing”, per federal prosecutors.
Internally, the board has also been hard at work revising and overhauling several sets of regulations, including rules for gaming salons, AML reporting and now technical standards. Dreitzer represents the fifth NGCB chair to take office since 2019, and the partial term he inherited runs through January 2027.