All developments
CFTCLicensingJune 24, 2026

CFTC & SEC Ask How to Clarify 'Swap' Definition for Innovative Products

The CFTC and SEC are seeking comment on how to draw clearer regulatory lines between swaps and security-based swaps, particularly for innovative products that may implicate both agencies' jurisdiction. This is directly relevant to crypto firms offering derivative or hybrid digital asset products that could be classified as swaps or securities. The request also covers alternative compliance pathways, which could benefit crypto-native firms.

What to do

  • Assess your digital asset derivative and structured product offerings against current swap/security-based swap definitions and prepare a comment letter outlining how regulatory ambiguity affects your compliance posture.

Who this affects

Crypto ExchangeBroker-Dealer / RIADeFi / Web3Other

Does this affect your program?

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Source

Read the official publication

This radar entry is educational and does not constitute legal advice. Summaries are AI-assisted and grounded in the linked official source; always verify against the primary source and consult qualified legal counsel for jurisdiction-specific guidance.

Related developments

SEC

SEC Proposes New Crypto Asset Offering Exemptions and Security Safe Harbor

The SEC is proposing 'Regulation Crypto Assets,' which would create two new exemptions from securities registration — one for offerings up to $5 million over four years and another for offerings up to $75 million per year — with principles-based disclosure requirements for issuers. Critically, the proposal also includes a conditional safe harbor that could allow certain crypto assets to be deemed not to involve an investment contract, potentially removing them from the definition of 'security.' Crypto exchanges, token issuers, broker-dealers, and legal/compliance teams need to evaluate how these exemptions and the safe harbor conditions interact with their current token listing and offering practices.

CFTC

CFTC Proposes Lighter Registration Rules for RIAs Managing Crypto/Commodity Pools

The CFTC is proposing to exempt certain SEC-registered investment advisers from CPO registration when managing commodity pools for sophisticated investors, add a related CTA exemption, and raise the Small Pool Exemption threshold to account for inflation. Broker-dealers, RIAs, and fund managers that touch crypto or commodity-linked products should assess whether they currently rely on no-action relief that this proposal would supersede. This could reduce duplicative compliance burdens for firms already registered with the SEC.

CFTC

CFTC Seeks Input on Derivatives Contracts for AI Compute Resources

The CFTC is requesting public comment to better understand derivatives markets built around computing resources (e.g., AI/cloud compute), signaling potential future oversight of this emerging asset class. Compliance officers at crypto and fintech firms should monitor this closely, as it may foreshadow new regulated derivatives products that intersect with digital infrastructure. Firms involved in tokenized compute markets or AI-linked financial products could face future CFTC jurisdiction.

CFTC

CFTC Renews Innovation Advisory Committee Covering Fintech & Crypto

The CFTC is renewing its Innovation Advisory Committee (IAC), which advises the Commission on emerging technologies including digital assets and fintech. Compliance officers should monitor IAC activity as its recommendations often signal upcoming CFTC regulatory priorities and guidance affecting crypto derivatives, DeFi, and related markets.

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