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FATF: DeFi Platforms with Controllers Should Be Regulated as VASPs

Created at 22 Jul · 2:46 PM1 source↑ Market-relevant
IN SHORT

The Financial Action Task Force stated that many DeFi platforms possess centralized elements and should be regulated as virtual asset service providers. The report highlights that most jurisdictions have not yet applied existing rules to DeFi, urging them to identify controllers and, as a last resort, ban non-compliant platforms.

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Key Numbers

93%of surveyed jurisdictions yet to apply rules to DeFi
2jurisdictions have licensed or registered a DeFi platform
$570 milliondrained in two April DeFi attacks
$285 millionstolen from Drift Protocol exploit
$292 millionstolen from KelpDAO hack
76%of year's crypto-hacking losses from two attacks
$86.6 billionDeFi's total value locked
85%increase in DeFi TVL since 2023

Who's Involved

Financial Action Task Force (FATF)
World's main anti-money-laundering body issuing new report on DeFi regulation
Giles Thomson
FATF President issuing statement on the report's goals
North Korea
Singled out for state-linked hackers exploiting DeFi protocols
Samourai Wallet
Bitcoin mixer whose co-founders received prison terms in the US
Tornado Cash
Protocol developer Roman Storm convicted in the US
FATF: DeFi Platforms with Controllers Should Be Regulated as VASPs

↳ Why This Matters

The FATF's stance signals a global push to regulate decentralized finance, potentially impacting the operational freedom and compliance burdens of DeFi protocols and their developers. This could lead to increased scrutiny and the application of traditional financial regulations to a sector that has largely operated outside them, aiming to curb illicit finance while balancing innovation.

Key facts

  • The Financial Action Task Force (FATF) stated that many DeFi platforms have centralized elements and should be regulated.
  • FATF rules apply to DeFi arrangements where identifiable individuals maintain control or sufficient influence.
  • Centralized elements include concentrated governance tokens, administrative privileges, and control over upgrades.
  • Nearly 93% of surveyed jurisdictions have not applied FATF standards to qualifying DeFi arrangements.
  • FATF recommends regulators focus on choke points like stablecoin issuers and exchanges for leaderless DeFi.
  • Non-cooperating platforms can be banned by jurisdictions as a last resort.

The Financial Action Task Force (FATF) has stated that many decentralized finance (DeFi) platforms are not as decentralized as they appear and should be regulated like other financial businesses. In a report released Tuesday, the global anti-money-laundering body indicated that its rules apply to any DeFi arrangement where identifiable individuals retain control or significant influence, regardless of the project's claimed decentralization.

Centralized elements that persist in practice include concentrated governance tokens, administrative privileges, control over protocol upgrades, and the flow of fees and rewards to insiders, according to the report. FATF President Giles Thomson stated the goal is to prevent criminals from exploiting new technologies for illicit finance while supporting responsible innovation, emphasizing the importance of public-private information sharing.

The report outlines both on-chain and off-chain indicators of control, such as upgrade keys, 'kill switch' functions, the power to set fees or risk parameters, concentrated voting power, control over public websites or applications, and corporate entities managing core developers or treasuries. Where such control is identified, FATF asserts that the individuals responsible should be licensed and supervised as financial firms. Even operating a front-end that directs users to a protocol can qualify.

Despite these findings, the report notes that implementation is lagging, with nearly 93% of surveyed jurisdictions having not applied FATF standards to qualifying DeFi arrangements. Only two out of 142 jurisdictions have ever licensed or registered a DeFi platform. FATF guidance is not legally binding but influences member country grading, and persistent gaps can lead to a country being placed on the FATF's 'grey list.'

FATF recommends that countries encourage DeFi projects to integrate anti-money-laundering controls, such as sanctions screening and KYC checks, directly into their smart contracts or interfaces. For genuinely leaderless protocols, FATF suggests regulators focus on surrounding choke points, including stablecoin issuers, exchanges facilitating fiat on- and off-ramps, and front-end operators. The report also states that jurisdictions can ban platforms that refuse to cooperate from operating within their territory.

The report highlights the use of DeFi by criminals, citing North Korea's state-linked hackers who allegedly drained over $570 million in two April attacks. It also points to ransomware crews, laundering networks, and investor frauds as significant users of DeFi mixers, bridges, and swaps. The FATF's stance aligns with recent actions by U.S. prosecutors who have secured convictions against individuals involved in crypto mixers like Samourai Wallet and Tornado Cash, treating the builders and operators of such code as regulated money businesses.

Frequently asked questions

The FATF is concerned that many DeFi platforms have centralized elements and are exploited by criminals for money laundering and illicit activities.

DeFi arrangements where identifiable individuals or entities maintain control or sufficient influence are subject to FATF rules, regardless of their claimed decentralization.

Centralized elements include concentrated governance tokens, administrative privileges, control over upgrades, and the ability to set fees or risk parameters.

Implementation is slow, with nearly 93% of surveyed jurisdictions not applying the standards, and only two having licensed or registered a DeFi platform.

What Happens Next

01Countries are urged to identify and regulate DeFi controllers as virtual asset service providers.
02Jurisdictions may ban non-cooperating DeFi platforms.
03Banks and exchanges are advised to conduct due diligence on DeFi platforms they interact with.

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Cadence

How It Developed

The FATF released a report stating many DeFi platforms have centralized elements.
FATF rules apply to DeFi arrangements where identifiable persons maintain control.
Centralized elements in DeFi include concentrated governance tokens and administrative privileges.
FATF President Giles Thomson emphasized stopping criminals and supporting innovation.
The report outlines on-chain and off-chain signs of control in DeFi projects.
Nearly 93% of surveyed jurisdictions have not applied FATF standards to DeFi.
FATF urges countries to encourage DeFi projects to build in AML controls.
Regulators are directed to focus on choke points around leaderless DeFi protocols.

Sources

T1
Centralized Elements 'Frequently Persist' in DeFi and Should Be Regulated: FATFDecrypt

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