Crypto Rally Hangs in Balance as U.S. Votes on Clarity

Dow Jones
Sep 14
 
 

Last month, Bitcoin had one of its best Augusts ever.

But the cryptocurrency continues to struggle as the energy shock caused by the Iran war fuels expectations of central bank tightening to combat inflation--an unfavorable environment for non-yielding assets like crypto.

A catalyst that could tip the scales is this week's vote on the Clarity Act, a piece of legislation President Trump has advocated for that aims to establish a regulatory framework for digital assets.

Here's what to watch:

 

CLOTURE NOT CLOSURE: The act has made it through the House, and now needs Democratic support to secure the 60 votes needed to clear a Senate procedural vote.

The Sept. 15 cloture vote is the act's most immediate obstacle, said Andrew Melville at institutional crypto derivatives data and analytics firm Block Scholes.

Overcoming that would help close debating that's stalled the legislation amid disagreement over issues like consumer protection and public officials profiting off crypto.

Still, a win won't guarantee the bill's ultimate passage, said Melville, noting that the version being voted on now contains significant revisions to what the House passed last year--differences that must be reconciled before Trump can sign off.

 

CLOSE CALL: Industry insiders are split on whether the bill will get the supermajority it needs. Predictions platform Polymarket assigns a 35% chance to the act being signed into law this year.

Ahead of the vote, Senate Republicans released a final draft with new ethics language they said reflects bipartisan negotiations and 126 substantive changes requested by Democrats.

"This bill is ready," said Sen. Cynthia Lummis, R-Wyo., chair for the Senate Banking Digital Assets Subcommittee, adding that Trump had "voluntarily agreed to unprecedented ethics restrictions."

If negotiators don't resolve disagreements over ethics or stablecoin-related provisions, another delay cannot be ruled out, especially as midterms loom and the legislative calendar becomes more compressed, said Konstantinos Chrysikos at Kudo.com.

Faryar Shirzad, chief policy officer at Coinbase, thinks the vote could go either way. "But I feel pretty good about it."

David Morrison, senior analyst at Trade Nation, is less sanguine. Republicans hold 53 seats, so at least seven Democrats have to cross over, setting a high bar, he said. But rather than killing the bill outright, the more likely outcome is that it gets stalled and reworked.

 

MARKET IMPACT: Crypto markets have swung sharply on Clarity Act news before, and will likely do so again.

There will be "lots of market euphoria" if the vote succeeds, and probably negativity if it fails, said Coinbase's Shirzad. Either way, he expects progress in crypto regulation, projecting a "big wave of rulemaking" after the Senate disposes of Clarity--one way or another.

For Trade Nation's Morrison, establishing a mechanism that decides whether a token is a Securities and Exchange Commission-regulated security or a digital commodity governed by the Commodity Futures Trading Commission would provide a legal on-ramp for institutions that have remained on the sidelines.

The act could also pave the way for U.S. token classification to become the global standard, he said.

Fabian Dori, Sygnum's chief investment officer, flagged the ban on passive, deposit-like interest from stablecoins is a headwind for centralized platforms that built revenue on it, but not for the industry.

The restriction applies to stablecoin balances sitting idle, not to yield earned through active deployment, Dori noted. "The compromise is imperfect, but a workable framework is better than a perfect one that never passes."

 

ASIA EFFECT: Greater regulatory certainty in the U.S. could divert activity away from other regions like Asia.

A clearer U.S. framework could put pressure on financial centers including Singapore, Hong Kong, Japan to remain competitive in digital assets, Kudo.com's Chrysikos said. Prolonged uncertainty, meanwhile, would strengthen Asia's position as an alternative crypto hub.

Sygnum's Dori sees more of an indirect effect. Singapore, Hong Kong and Japan have their own frameworks, so the vote changes nothing from a legal standpoint.

What U.S. regulatory clarity has changed is the willingness of Asian banks and intermediaries to offer digital assets, he said. A failed vote won't reverse that, though it will keep a political-risk discount on U.S.-facing exposure.

 
 

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