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IOSCO sets nine policy expectations for DeFi, emphasizing substance over labels, identification of responsible persons, regulatory-perimeter analysis, conflicts, operational risk, disclosure, enforcement and cross-border cooperation.
Current state: Nine non-binding policy recommendations for securities regulators; implementation depends on each jurisdiction
Jurisdiction
InternationalRegulator
International Organization of Securities Commissions
Law Type
Other
Status
Current International StandardOfficial Law Number
FR/14/2023; IOSCOPD754
Official Title
Final Report with Policy Recommendations for Decentralized Finance
Effective Date
Effective date not specified
Publication Date
December 19, 2023
Last Verified
August 26, 2026
Securities regulators, DeFi developers and operators, governance participants, front ends, intermediaries, investors and professional advisers.
Assess economic reality; identify persons exercising control or influence; apply existing rules consistently; address conflicts and custody risks; require accurate disclosures; enforce against non-compliance; cooperate and share information internationally.
Authorization rule: Assess economic reality.
No standalone AML/CFT rule is summarized here; generally applicable financial-crime law may still apply.
No dedicated custody rule is the primary focus of this record.
Disclosure, offering or marketing controls are material and communications should be fair, clear and not misleading.
Regulator: International Organization of Securities Commissions.
Not a tax code. Tax consequences depend on taxpayer, asset and transaction under the jurisdiction's current tax law.
High-Level Recommendations for the Regulation, Supervision and Oversight of Crypto-Asset Activities and Markets — Final Report (July 2023)
The FSB's High-Level Recommendations for Crypto-Asset Activities and Markets (2023) set nine recommendations for consistent regulation, supervision and oversight of crypto-asset issuers, service providers, activities and markets. They cover regulatory powers, governance, risk management, data, disclosures and cross-border cooperation. A separate revised set addresses global stablecoin arrangements. FSB recommendations are not self-executing domestic law.
Policy Recommendations for Crypto and Digital Asset Markets — Final Report (FR11/2023)
The IOSCO Policy Recommendations for Crypto and Digital Asset Markets (2023) contain 18 recommendations grounded in the principle of consistent regulation of economically equivalent activities. They address conflicts of interest, market manipulation, custody, disclosure, retail risks and cross-border cooperation. IOSCO recommendations are not self-executing domestic law — implementation depends on member regulators in their respective jurisdictions.
Crypto-Asset Reporting Framework (CARF) and Amendments to the Common Reporting Standard
The OECD/G20 Crypto-Asset Reporting Framework (CARF) creates global due-diligence and reporting rules for reporting crypto-asset service providers, supporting annual cross-border exchange of crypto-asset tax information among implementing jurisdictions. It also includes amendments to the Common Reporting Standard and an XML schema implementation package. National CARF laws should link to this canonical profile.
Basel Framework Chapter SCO60 — Prudential treatment of cryptoasset exposures
The Basel Committee on Banking Supervision's SCO60 standard sets the prudential treatment of banks' cryptoasset exposures, classifying cryptoassets into groups based on risk and conditions, and setting capital, liquidity, exposure, disclosure and infrastructure-risk treatment. Note: SCO60 is not self-executing domestic law; effectiveness depends on implementation by national Basel member jurisdictions.
FATF extends the global AML/CFT framework to virtual assets and VASPs, requiring risk assessment, licensing or registration, supervision, preventive measures, travel-rule information and sanctions. Current state: Interpretive Note adopted 2019-06-21; current consolidated FATF standards should be checked
FATF explains how its AML/CFT standards apply to virtual assets and VASPs, including stablecoins, peer-to-peer risks, licensing, supervision, travel-rule data and international cooperation. Current state: Current FATF interpretive guidance; jurisdictions implement it through domestic law
