PolicyBrief
S. 1223
119th CongressApr 1st 2025
Prohibiting Foreign Adversary Interference in Cryptocurrency Markets Act
IN COMMITTEE

This Act prohibits digital commodity platforms affiliated with designated foreign adversaries from registering or operating within the United States.

Tommy Tuberville
R

Tommy Tuberville

Senator

AL

LEGISLATION

Proposed Crypto Bill Blocks Platforms Tied to China, Russia, and Other Adversaries from U.S. Market

The Prohibiting Foreign Adversary Interference in Cryptocurrency Markets Act is a straight-up national security play aimed at the digital asset space. The core of the bill is simple: It bans any digital commodity platform—think the exchanges, brokers, and custodians where you buy, sell, and store your crypto—from operating in the U.S. if it’s owned by a “Covered Entity.”

What’s a Covered Entity? It’s basically any company tied to a country designated as a “Foreign Adversary.” The bill explicitly lists the People’s Republic of China (including Hong Kong and Macao), Cuba, Iran, North Korea, the Russian Federation, and Venezuela under the Maduro regime. If a company is set up under the laws of one of these places, or is “primarily based in” one of them, they are locked out. Crucially, if an existing platform gets bought by one of these entities, the Commodity Futures Trading Commission (CFTC) must immediately revoke its registration. This isn't a slap on the wrist; it’s a forced exit from the U.S. market.

The Geopolitical Firewall for Digital Assets

The immediate impact is on market access and security. The bill is designed to keep critical financial infrastructure—the places where millions of Americans trade and hold digital assets—out of the hands of geopolitical rivals. If you’re a crypto investor, this is supposed to be good news: It reduces the risk that a major platform you use could be subject to the laws, data requests, or outright control of a hostile foreign government. The goal is to safeguard the integrity of the U.S. market and prevent the use of these platforms for illicit finance or intelligence gathering.

Who Gets the Boot and What It Means for You

The big challenge lies in enforcement and who gets caught in the net. The CFTC now has the heavy lift of determining ownership, which can be incredibly complicated in the global, multi-layered world of corporate finance. The bill’s definition of a Covered Entity includes any subsidiary owned or run by a foreign adversary entity. If a popular U.S. trading platform has even a minority stake purchased by a holding company with ties back to, say, Beijing or Moscow, the CFTC would be required to pull the plug.

For the average person trading crypto, this could mean sudden disruption. If a platform you use is forced to exit the U.S. market, you would have to quickly transfer your assets to a compliant platform. While this increases security in the long run, the immediate market instability caused by a major platform being forced to liquidate or transfer U.S. accounts could be messy and impact liquidity. The vagueness around what it means to be “primarily based in” a foreign adversary country also leaves room for debate, potentially leading to lengthy legal battles over who gets to stay and who has to go.

The Cost of Clarity

While the national security benefits are clear—preventing adversaries from gaining a foothold in our financial system—there's a trade-off. By excluding large, potentially well-capitalized players, the bill could reduce competition and market diversity. This might benefit existing domestic platforms by reducing their competition, but it could also limit the options available to consumers and potentially affect the overall efficiency and cost of trading digital commodities in the U.S. Ultimately, this bill is a sharp, targeted tool that prioritizes security and control over open market participation, potentially shaking up the digital asset ecosystem for everyone from the weekend trader to the institutional investor.