SEC · US Congress · Decrypt
SEC's Long-Promised Crypto Safe Harbor to Be Published as Soon as This Month
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The SEC said Tuesday it plans to introduce its long-awaited crypto rulemaking as soon as this month, bringing the agency a step closer to establishing a regulatory safe harbor for certain crypto-related activities in the United States.
Key facts
- An updated SEC agenda for 2026 has the rule penciled in for a potential July release, which would then be followed by a period of public comment on the proposed policies
- The agenda update marks the clearest indication yet that the SEC is preparing to formally unveil its Regulation Crypto proposal, which agency chair Paul Atkins has teased for months, and initially
- Atkins previously emphasized that the uncertain status of Congress’ Clarity Act—a sweeping bill that would legalize most crypto activity in the United States—had impacted the SEC’s rollout of its own
- After over a year of starts and stops, the Clarity Act faces a do-or-die next few weeks in the Senate
Summary
The proposal would include safe harbors and broad exemptions for certain crypto activity. The move comes as Congress’ broader Clarity Act faces an uncertain path before the November midterms. An updated SEC agenda for 2026 has the rule penciled in for a potential July release, which would then be followed by a period of public comment on the proposed policies. The rules would govern the offer and sale of crypto assets, and also include "certain exemptions and safe harbors" for various types of on-chain financial activity.