CFTC Crypto Asset Rules Enter White House Review

The Commodity Futures Trading Commission (CFTC) has submitted a new rulemaking package for review by the White House. The filing, titled “Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets,” was received by the Office of Information and Regulatory Affairs (OIRA) on September 17 and is currently listed as a pre‑rule under RIN 3038‑AF80.

Current Status of the Proposal

The submission is still in the pre‑rule stage, meaning it is undergoing executive‑branch review and has not yet been released to the public. No new trading permissions, compliance deadlines, or changes to existing exchange practices are effective at this time.

What the Rulemaking Could Address

The CFTC already regulates futures, options, and other derivatives. The new rulemaking aims to provide a broader framework for crypto‑related transactions and markets, potentially clarifying how perpetual‑style contracts and other digital‑asset derivatives fit within U.S. law. Areas that may be impacted include margin requirements, eligible participants, exchange registration, clearing obligations, and the treatment of leveraged retail products.

Why the Market Is Watching

Earlier in 2026, the CFTC issued guidance and no‑action letters on various crypto‑derivative products. A formal rulemaking could consolidate those interim measures into a more durable regulatory structure, influencing how exchanges, brokers, and derivatives venues operate in the United States.

Next Steps

OIRA’s review is a procedural step that signals the CFTC has moved beyond informal discussion. Once the White House completes its review, the agency is expected to publish a proposed rule for public comment, after which a final rule could be adopted.