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Prevents certain digital-asset trading platforms from being registered under the Commodity Exchange Act if they are owned or controlled by entities tied to specified foreign adversary countries. The rule defines relevant terms, lists which countries count as foreign adversaries, and requires the Commission to revoke registration if a covered ownership interest is acquired; the text does not specify dollar thresholds or an effective date.
Adds a new paragraph (3) titled “Prohibition on registration of foreign adversary-affiliated digital commodity platforms” to Section 4(b) of the Commodity Exchange Act.
Defines “covered entity” as (I) an entity established or organized under the laws of, or whose principal place of business is located in, a foreign adversary; and (II) any subsidiary owned (in whole or in part) or operated by such an entity.
Defines “foreign adversary” by listing the countries included: the People’s Republic of China (including the Hong Kong and Macao Special Administrative Regions); the Republic of Cuba; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; the Russian Federation; and the Bolivarian Republic of Venezuela under the regime of Nicolás Maduro Moros.
Defines “digital commodity” as a fungible digital form of personal property that can be possessed and transferred person-to-person without necessary reliance on an intermediary, and states that the term includes property commonly known as “cryptocurrency” or “virtual currency.”
Defines “digital commodity custodian” as a person that, as an identifiable business, maintains possession, custody, or control over digital commodities on behalf of another person.
Who is affected and how:
Digital-asset trading platforms and platform operators: Platforms that seek registration under the Commodity Exchange Act (or that are already registered) will be affected if their ownership or control links them to entities in the listed foreign adversary countries. Affected platforms may be denied registration, or have existing registrations revoked, which could force them to stop offering regulated services in the U.S. market or to restructure ownership.
Owners and parent companies tied to listed foreign adversaries: Entities with ownership stakes, controlling interests, or other de facto control mechanisms may be required to divest or otherwise change arrangements to avoid blocking platform registration or triggering revocation.
Platform users and investors (retail and institutional): Users of covered platforms may lose access to regulated trading venues or experience market disruption if platforms are delisted, forced to restrict services, or reorganize ownership. Market liquidity and product availability could be affected for certain digital-assets.
Market regulators and the Commission: The Commission will need to identify covered ownership/control relationships, apply definitions from the statute, and exercise enforcement authority — potentially requiring staff time, investigations, and administrative proceedings.
U.S. financial markets and national security stakeholders: The rule is designed to limit foreign-adversary influence in regulated digital-asset venues, which could reduce perceived security risks but also produce trade and diplomatic consequences depending on which countries are listed.
Practical implications and uncertainties:
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Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced April 1, 2025 by Thomas Hawley Tuberville · Last progress April 1, 2025
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced in Senate