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The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to. 

The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws. 

A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC. 

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Stakeholders have yet to determine their response to the bills, with educational campaigns and collective actions on the agenda. Coordination with political leaders in the city of São Paulo is also under way.

Reinaldo Carneiro Bastos, president of the São Paulo Football Federation, expressed concern about the bill, saying: “If the city’s clubs lose this revenue, it will create a disparity that extends to the pitch.”

According to him, advertising from betting companies is a primary revenue source for the clubs. Opponents from other states would be able to retain such advertising, creating a competitive disadvantage, particularly for Corinthians, Palmeiras and São Paulo.

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One tribunal found in 2019 that Lao Holdings had acted in bad faith and ordered it to pay Laos $1.95 million. Another made a similar finding against Sanum and awarded the government $1.78 million.

A third arbitration produced another award worth nearly $1.3 million, taking the amount Laos is seeking to more than $5 million.

Seven years later, Laos says it is still trying to collect.