SEC crypto safe harbor with 3 exemptions heads to White House
A proposed safe harbor framework for crypto assets from the U.S. Securities and Exchange Commission has advanced to the White House for a final review, a key step before the plan is released for public comment. The proposal includes three distinct exemptions aimed at providing regulatory clarity for digital asset issuers.
"We will have reg crypto that we will be proposing here shortly. It's in fact at OIRA right now, which is the next step before being published," SEC Chair Paul Atkins said Monday. He made the comments during a fireside chat at the Digital Assets and Emerging Technology Policy Summit hosted by Vanderbilt University.
The proposal, formally titled Regulation Crypto Assets, bundles three core ideas: a startup exemption for new projects, a fundraising exemption with structured disclosure, and an investment contract safe harbor. This safe harbor, based on a concept first introduced by SEC Commissioner Hester Peirce in 2020, would provide a three-year grace period during which a project’s development team could work toward decentralization without their token being classified as a security.
For the U.S. crypto industry, a defined safe harbor could significantly alter the calculus for founders, who have largely chosen to launch projects offshore in jurisdictions like Switzerland and Singapore. According to the SEC, the framework is designed to give domestic startups a defined runway to build and iterate without the immediate threat of enforcement action, potentially reversing capital flight and encouraging U.S.-based venture investment. The proposal now undergoes a 30 to 90-day review at the Office of Information and Regulatory Affairs (OIRA) before being published for public feedback.
Path to Clarity
The submission to OIRA marks the most concrete step toward formalizing the safe harbor concept since it was first floated. The core logic is that many token projects, while centralized at inception, can mature into decentralized networks where the token functions as a utility rather than an investment contract under the Howey Test.
Chair Atkins stressed that the SEC wants to "hear from the marketplace" to make the final rule "workable." This regulatory effort runs parallel to a recent Memorandum of Understanding signed between the SEC and the Commodity Futures Trading Commission (CFTC) to harmonize oversight and modernize financial regulations for digital assets. The joint initiative aims to clarify product definitions and reduce regulatory duplication between the two agencies.
Investors are watching for the specific details of the proposal once it is published in the Federal Register. The length of the grace period, disclosure requirements, and eligibility criteria will determine its practical impact. A narrow or overly burdensome rule may offer little relief, while a workable framework could provide the most significant regulatory clarity for the U.S. crypto market to date.
This article is for informational purposes only and does not constitute investment advice.
Edgen Crypto·Feb 22 2026, 09:32
