Federal News
SEC and CFTC Clarify Crypto Regulations
March 23, 2026
The Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have jointly issued detailed guidance clarifying the application of federal securities laws to cryptocurrency assets and related transactions. This regulatory interpretation aims to harmonize oversight between the two agencies, reduce uncertainty for market participants, and support forthcoming bipartisan legislation on crypto market structure. Despite delays in Senate legislation, the SEC is advancing these rules to provide clear regulatory parameters for the crypto industry, signaling a more defined compliance environment for digital asset providers and contractors.
- Why this matters: Procurement professionals and contractors in the digital asset and fintech sectors should anticipate clearer regulatory requirements impacting contract scopes, compliance obligations, and risk management.
- The joint SEC-CFTC memorandum of understanding enhances regulatory coordination, potentially streamlining approval processes and reducing duplicative oversight for crypto-related procurements.
- Organizations involved in crypto technology, trading platforms, or advisory services can leverage this clarity to better align proposals and compliance frameworks with federal expectations.
- Legislative delays in the Senate underscore the importance of understanding current regulatory guidance as the primary compliance driver in the near term.
With todayβs interpretation, the wait is over. Chairman Atkins and I are committed to fostering a regulatory environment that allows the crypto industry to flourish in the United States with clear and rational rules of the road.
— Michael S. Selig, CFTC Chairman
After more than a decade of uncertainty, this interpretation will provide market participants with a clear understanding of how the Commission treats crypto assets under federal securities laws. This is what regulatory agencies are supposed to do: draw clear lines in clear terms.
— Paul S. Atkins, SEC Chairman
For over a decade, market participants have operated without clear guidance on the fundamental question β does a crypto asset implicate federal securities laws? So today, Iβm pleased to announce that the SECβs persistent failure to provide clarity on this question is over.
— Paul Atkins, Chair, SEC
Agencies
Securities and Exchange Commission, Commodity Futures Trading Commission, United States Senate, Senate Banking Committee, Senate Agriculture Committee
Vendors
Coinbase
Locations
Sources
- SEC forges ahead with crypto rules amid Senate holdups · The Hill · Mar 23
- CFTC and SEC announce memorandum of understanding on regulatory harmonization | Orrick, Herrington & Sutcliffe LLP - JDSupra · JD Supra · Mar 23
- SEC.gov | SEC Clarifies the Application of Federal Securities Laws to Crypto Assets · SEC · Mar 18
- CFTC Joins SEC to Clarify the Application of Federal Securities Laws to Crypto Assets | CFTC · CFTC · Mar 18