November 7, 2024

Trumping the Crypto Landscape: Could a Second Term Reshape the Future of Crypto in the US?

by Pankhuri Malhotra, Areeb Ahmad and Abhay Raj

in Articles

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KEY TAKEAWAYS

  • The crypto market reacted positively to Donald Trump’s election win, with Bitcoin rising to $75,000 due to anticipated pro-crypto policies.
  • Despite previously being critical of crypto, Trump has embraced it, aiming to make the US a global crypto hub.
  • A Trump-driven administration could spark a regulatory shift globally, encouraging other jurisdictions to adopt more flexible crypto regulations.
  • The industry anticipates the emergence of a more crypto-friendly SEC.

INTRODUCTION

The crypto world is reacting strongly to Donald Trump’s victory. Bitcoin surged by 7% to reach a record $75,000, signalling clear market optimism about the potential policies of the Trump administration’s second term.1Agence France-Presse, Bitcoin reaches record high of $75,000 as traders bet on Trump victory (06 November 2024), The Guardian.

With Trump’s promises to end what he calls the “persecution” of the crypto sector and his pledge to make the United States (“US“) a “bitcoin and cryptocurrency capital,” traders and investors are eager to see if a new era for digital assets is on the horizon.2Kimberlee Kruesi, Trump calls for US to be ‘crypto capital of the planet’ in appeal to Nashville bitcoin conference, AP News (28 July 2024) Although Trump was previously sceptical about cryptocurrencies, branding them a “scam,” he now envisions making the US the “bitcoin and cryptocurrency capital of the world.”

FUTURE PREDICTIONS: A NEW ERA FOR CRYPTO?

Policy Promises

Trump has promised several policy initiatives designed to support the crypto industry, including his intention to remove regulatory hurdles and excessive that have stifled growth and investment in the sector. Trump’s statements suggest that a second term could see sweeping policy changes to foster a more permissive environment for digital assets, opening new growth opportunities.

The role of the launch of World Liberty Financial

In a landmark move, Trump recently announced that he, his sons, and various entrepreneurs have launched a digital currency platform named World Liberty Financial – a decentralised finance protocol.3David Yaffe Bellany, et. al., Trump Rolls Out His New Cryptocurrency Business, The New York Times (16 September 2024). With this, Trump has positioned himself as a proponent of the crypto industry and an active participant in its development.

If Trump’s promises translate into concrete policy changes, the US could take a leading role in the global crypto market. A shift in US policy could have significant ripple effects across international markets, including in the UAE.

A Regulatory Domino Effect

The US has historically been a trendsetter in financial regulation, and a Trump-led, crypto-friendly policy shift could influence other regions. Jurisdictions like the European Union, which have traditionally adopted a cautious regulatory stance, may reconsider their approach to remain competitive.

Such a shift could ignite a regulatory domino effect, encouraging even conservative markets to adopt more flexible policies towards digital assets.

Potential reorganisation of the SEC leadership

The SEC has focused heavily on enforcement, imposing over $426 million in litigation costs on crypto firms in recent years.4Tracking the SEC’s Anti-Crypto Crusade, Regulation by Enforcement, Blockchain Association (01 November 2024).

During his recent campaign, Trump proposed reorganising the leadership at the SEC, citing their tough stance against crypto companies as a key reason.5MacKenzie Sigalos, Here’s what Trump promised the crypto industry ahead of the election, CNBC (06 November 2024). This would be challenging without formal cause, this statement hints at a potential move towards a more accommodating regulatory stance under Trump’s administration.

This shift could lead to more defined regulatory frameworks for digital assets, focusing on encouraging innovation within compliance rather than punitive measures.

De-Fi Boom and Stablecoin regulations

Given Trump’s statements and active involvement with World Liberty Financial, expectations are high for a more lenient approach from the SEC toward the decentralized finance sector. Reflecting this optimism, $AAVE, $UNI, and $ENA each surged by over 20% on election day. Further, as Caroline Pham, Commissioner at the Commodity Futures Trading Commission, highlighted, the US will now prioritise stablecoin regulations and provide regulatory certainty to inspire investor confidence.xiii

UAE’S FORWARD-THINKING APPROACH TO CRYPTO REGULATION

The United Arab Emirates (“UAE“) has positioned itself as a leader in crypto regulation, with progressive frameworks that have attracted global attention. For instance, the Central Bank of the UAE has introduced regulations for payment tokens backed by the Emirati Dirham, and the Securities and Commodities Authority has issued guidelines for virtual assets and virtual asset service providers.

In addition to these national regulations, the Virtual Assets Regulatory Authority in Dubai has implemented a comprehensive set of rules tailored specifically to virtual assets, creating a robust regulatory environment for crypto businesses operating within the emirate. The Abu Dhabi Global Market also provides a distinct regulatory framework, offering a supportive environment for crypto firms with clear policies designed to protect investors while encouraging innovation.

Pro-Crypto Stance of UAE Authorities

UAE authorities have consistently shown a pro-crypto outlook, aiming to foster a balanced environment that supports innovation while maintaining high regulatory standards. The UAE’s focus on positioning itself as a global blockchain and crypto hub has attracted numerous crypto exchanges and blockchain firms to establish a presence here.

Looking Ahead: Harmonisation between the US and the UAE

As the US re-evaluates its approach to crypto, greater regulatory harmonisation between the US and UAE could provide a stable global framework that benefits both markets and their investors. With the UAE’s established track record and robust regulatory environment, alignment with US regulations could open pathways for easier cross-border transactions, enhanced innovation, and broader market participation.

UAE vs. US: A Comparative Overview of Crypto Regulation

The following table compares the UAE’s and the US’s current regulatory statuses, highlighting key differences and developments in their approaches to cryptocurrency regulation.

Table Uae Vs. Us Trumping The Crypto Scene

CONCLUSION

Trump’s anticipated approach to potential regulatory leniency could mark a pivotal shift for the crypto landscape in the US. However, the path forward will depend on whether policy changes align with the sector’s expectations and how the SEC balances oversight with fostering a competitive crypto ecosystem. As the US crypto scene braces for potential change, all eyes will be on the administration’s actions in the coming months, shaping the future of decentralised finance on American soil and globally.

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DISCLAIMER: This article is provided for informational and educational purposes only and does not constitute legal advice. Readers should not act upon this information without seeking professional legal counsel tailored to their specific circumstances. The analysis presented herein reflects the authors’ interpretation of legal developments as of the date of publication and may not reflect subsequent changes in law or regulation.

At TLP Advisors, we are a legal consulting firm specialising in tokenised finance, agentic financial systems, digital assets, and emerging technologies. With deep roots in the financial services, Web3, and broader technology sectors, we offer unparalleled expertise and tailored support to navigate the unique challenges and opportunities of these rapidly evolving industries. TLP Advisors has consistently been the firm of choice for web3, fintech and other financial services companies. We have built a reputation for guiding clients through complex regulatory landscapes while supporting the development of innovative and compliant financial platforms.

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