Tether USDt custody and transfers ‘not restricted’ under MiCA — ESMA

Key Points

  • ESMA confirms that MiCA rules do not explicitly ban non-compliant stablecoin custody and transfers.
  • Binance plans to delist nine non-MiCA-compliant stablecoins but will support deposits and withdrawals post-delisting.
  • ESMA advises CASPs to restrict services facilitating the acquisition of non-compliant stablecoins.
  • CASPs can maintain "sell-only" services until March 31 to allow investors to exit positions.

Summary

The European Securities and Markets Authority (ESMA) has clarified that the Markets in Crypto-Assets Regulation (MiCA) does not explicitly prohibit the custody and transfer of non-compliant stablecoins like Tether's USDt. This statement comes amidst ongoing debates and uncertainties regarding the classification and use of such stablecoins under the new European cryptocurrency laws. Binance, a major crypto exchange, announced the delisting of nine non-MiCA-compliant stablecoins for users in the European Economic Area (EEA) but will continue to support deposits and withdrawals. ESMA emphasized that while these services are not banned, crypto asset service providers (CASPs) should prioritize restricting services that facilitate the acquisition of non-compliant assets. The guidance also allows for "sell-only" services until March 31, 2025, to enable investors to exit their positions. This clarification adds to the confusion over MiCA compliance, highlighting the need for careful assessment by CASPs to ensure they do not inadvertently offer non-compliant services to the public.

cointelegraph
March 5, 2025
Crypto
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