US Government Shutdown’s Effect on Crypto: SEC Postpones ETF Decisions Amid Uncertainty

By 0xGorki 09/30/23 4:35 AM

As the possibility of a government shutdown looms over the United States, the cryptocurrency industry finds itself on the edge of uncertainty. According to a Weekly Digest of Bitcoin News & Insights by NYDIG, the U.S. government may face a shutdown lasting anywhere from 1 to 35 days. In light of this, the Securities and Exchange Commission (SEC) has taken preemptive measures, postponing decisions on a multitude of Exchange-Traded Funds (ETFs), while also signaling a potentially consistent approach to approving or rejecting Bitcoin spot ETFs before January 10, 2024. Additionally, Ethereum futures ETFs appear poised for launch, while spot Ethereum products are left in limbo.

Shutdown Unlikely to Hinder Law Enforcement

In the event of a government shutdown, the Department of Justice (DOJ) is expected to remain relatively unscathed. Despite the potential for furloughs, the DOJ’s contingency plan has ensured that a significant majority of its employees will be exempted. This exemption, extended to 84% of its staff members, is primarily due to the department’s vital role in safeguarding human life and property. Law enforcement agencies such as the Federal Bureau of Investigation (FBI) and criminal court proceedings will similarly continue their operations largely uninterrupted.

SEC Reduced to a Skeletal Staff, Key Financial Products Delayed

However, the story takes a different turn when it comes to financial regulation, particularly concerning the SEC. In the event of a government shutdown, the SEC will be operating with a skeletal staff. Out of its total workforce of 4,604 employees, only 9.5%, or 437 employees, will be retained to fulfill crucial functions related to property protection and law enforcement. This drastic reduction in personnel has far-reaching implications for the approval process of various financial products, including cryptocurrency-related ETFs.

The SEC’s emergency tactics have become evident as they delay decisions on most ETFs, including high-profile ones like the iShares Bitcoin Trust from BlackRock. These delays, stretching into November, are a clear indication of the agency’s preparation for a potentially protracted government shutdown. The SEC aims to retain maximum flexibility in its approval process, acknowledging that it may take time before a federal budget is signed into law and employees return from furlough.

A Critical Deadline Looms

The SEC faces a critical deadline of January 10, 2024, by which it must make decisions regarding the entire spot Bitcoin ETF industry. This deadline holds particular significance for products like the Ark 21Shares ETF, which has the earliest final decision deadline. There is speculation that the SEC may adopt a consistent approach, avoiding favoritism, and making a collective decision for all ETFs in the process—either approving or denying them all at the same time.

Ethereum ETFs: A Divergent Path

In the realm of Ethereum, futures-based ETFs appear to be on the brink of launching. Companies like VanEck and Valkyrie have taken proactive steps to ensure the effectiveness of their registration statements before the SEC’s potential hiatus. These moves suggest a positive outlook for Ethereum futures-based ETFs despite the broader uncertainty in the regulatory environment.

However, the situation is notably different for spot Ethereum products. The SEC has shown no inclination to consider them at this time. The agency has swiftly postponed decisions on spot ETFs, some on the same day they were slated for review, pushing them to later deadlines. This divergence in approach between futures and spot-based Ethereum ETFs highlights the complexities and nuances within the cryptocurrency regulatory landscape.

In conclusion, the looming government shutdown has cast a shadow of uncertainty over the cryptocurrency industry, particularly in the realm of ETFs. While law enforcement agencies appear poised to continue their operations, the SEC faces significant challenges with its drastically reduced staff. As the January 10, 2024 deadline approaches, the crypto community watches closely, anticipating whether the SEC will adopt a uniform approach for spot Bitcoin ETFs. Additionally, the emergence of Ethereum futures ETFs presents a potential alternative avenue for crypto investors, albeit with its own unique set of regulatory considerations.

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