It was an interesting discussion, with the underlying question being
"Would #MiCA have prevented the FTX collapse? Will the new rules be enough to address those issues?"
A🧵with key quotes:
1/9
Speakers underlined this is not a #crypto issue, but a human one
"The lack of segregation of user data in the #FTXscandal demonstrates the legislative need for the #EU to apply existing data protection rules to the #crypto market"
It is to the #crypto market what Lehman Brothers represented for the traditional finance industry. Had #MiCA been already in place, the #FTX case should have never been possible"
"The #FTXscandal will impact the whole #crypto market, and it happened because of breaches of existing rules. The @EU_Commission knows there are some debatable actions that should be assessed to avoid such an event repeats"
Alexandra Jour-Schroeder, Deputy DG of @EU_Finance
4/9
"One day we may need a #MiCA2, but we now need to first adopt MiCA quickly. We developed a future framework that provides protection and clear rules for #CASPS and any crypto provider".
"#FTX collapse is not a #cryptoindustry failure. This scandal shows that there were regulated organizations active within the FTX umbrella. #MiCA's success lies in its supervision, but there is an issue of cross-border enforcement"
"What to do before #MiCA enters into force in 2024? Is #MiCA enough? I have serious doubts this policy alone could have prevented what happened"
MEP @ernesturtasun on #FTX collapse and and the possibility of having a MiCA II
7/9
"#FTXScandal is not a failure of #Bitcoin or #blockchaintechnology, it is simply fraud. Let's pay attention to #MiCA loopholes and reverse solicitation principle for which non-EU #CASPs can provide services if they do not actively target EU citizens"
"#Cryptoassets have now emerged and #investors are used to the fact that they can access a website and invest regardless of whether this is registered within the EU or not"
Steffen Kern from @ESMAComms saying reverse solicitation rules will be very strict to avoid issues.
9/end
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The original Transfers-of-Funds Regulation was established in 2015 and introduced the requirement for financial institutions to accompany each #transfer of funds with verified information about the originator and beneficiary of the transfer.
2/18
As part of its 2020 Action Plan on preventing #moneylaundering and #terrorism financing, the @EU_Commission put forward a legislative proposal for a recast of the original #TFR text with the main objective of expanding traceability requirements to crypto-assets.
The landmark #crypto regulation sets out uniform 🇪🇺 requirements for offerors of #cryptoassets and service providers (#CASPs) to apply for authorisation in the Single Market.
Even though a better agreement was close last week, 🇫🇷 vetoed it during the 🇪🇺 MS intervention period & raised concerns on USD-denominated #stablecoins used as a "means of #exchange", suggesting a return to their restriction when used for #settlement purposes ❗️
2/22
The compromise was to at least clarify that USD-#stablecoins used for spot #trading would NOT be captured.
The final text was approval by #COREPER yesterday and @EP_Economics will do it on 10/10. Final adoption by Ministers and the Parliament’s Plenary will be end of Oct.
EU institutions are working to finalise the #TFR text to implement the #travelrule in Europe. Please find below the latest details. The aimed-for deadline for conclusion is still the first week of June.
1/9
Key issues on table:
The provisions introduced by the @Europarl_EN requiring #verification of information for each transfer of assets, the additional requirements applied to transfers to #unhosted wallets and the #blacklist of non-compliant entities.
2/9
In the past weeks, the @EUCouncil has taken onboard the concerns from the blockchain & crypto #industry, as well as those of regulators and competent #authorities (!), that flagged the impracticality and unintended consequences these provisions would have.
3/9