New Bill to Combat Illicit Finance in the Digital Asset Ecosystem Passed by House, Headed to Senate

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The Financial Technology Protection Act of 2023 (H.R. 2969) has been successfully ratified by the House of Representatives on Monday, marking a significant milestone in the battle against unlawful financial activities within the digital asset ecosystem. The bill, sponsored by Rep. Zach Nunn, R-Iowa, is designed to establish the Independent Financial Technology Working Group to Combat Terrorism and Illicit Financing under the Department of Treasury, while also advocating for public-private sector collaboration to address issues related to illicit finance.

As revealed in a press release from the House Financial Services Committee, the bill will now progress to the Senate for further deliberation. This was also corroborated by the House Committee on Financial Services Republicans in a publication on X.

The bipartisan nature of the bill is apparent in its co-sponsorship, with Rep. Jim Himes, D-Conn. introducing the bill in the House and a companion bill in the Senate sponsored by Sens. Kirsten Gillibrand, D-N.Y. and Ted Budd, R-N.C. In an April 2023 press release, Nunn underscored the importance of establishing a working group comprising various federal government departments, intelligence agencies, private organizations and their innovation, as well as private-sector experts to effectively combat terrorism and illicit financing within digital platforms.

During the pre-vote remarks delivered to the House on Monday, which was shared in a video on YouTube, Nunn stressed the necessity for the working group to convene experts who can formulate legislative and regulatory proposals to combat anti-money laundering, address security risks, and prevent illicit financing activities in the United States.

In April 2023, the U.S. Department of the Treasury issued a report emphasizing the susceptibility of decentralized finance (DeFi) in enabling criminals to transfer and launder illicit proceeds. The report identified the failure of many DeFi services to implement anti-money laundering and countering the financing of terrorism (AML/CFT) obligations as one of the primary vulnerabilities.

Furthermore, the report highlighted other vulnerabilities such as the lack of coverage of some DeFi services by existing AML/CFT obligations, weak or non-existent AML/CFT controls in certain jurisdictions, and inadequate cybersecurity controls within some DeFi services.

The urgency of addressing illicit finance in the digital asset ecosystem was further underscored by reports linking cryptocurrency to the funding of illegal activities, such as the alleged use of crypto transactions by Hamas to potentially fund attacks on Israel. This highlights the need for effective measures to prevent the exploitation of digital platforms for illicit financing.

The passage of the Financial Technology Protection Act in the House signifies a pivotal moment in the ongoing efforts to combat illicit finance in the digital asset ecosystem. With the bill now set to be deliberated by the Senate, it is a critical juncture for stakeholders to unite and endorse measures that will safeguard the financial system from abuse and exploitation. The establishment of the Independent Financial Technology Working Group is a substantial stride towards enhancing security and preventing illegal activities within the digital finance space.