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The US CLARITY Act: Paving the Way for Digital Asset Clarity Amid Global RWA Innovation

The CLARITY Act: A New Era for US Digital Assets

The Digital Asset Market Clarity Act of 2025 fundamentally reshapes America’s approach to cryptocurrency regulation by introducing the concept of “digital commodities” and establishing clear regulatory boundaries. Currently sitting in the House of Representatives as HR 3633, the bill creates a crucial distinction that the crypto industry has long sought.

Key Regulatory Framework Changes

The Act’s most significant innovation is its definition of “digital commodity” – digital assets that are “intrinsically linked to a blockchain system” and derive value from the blockchain’s use. This classification determines whether an asset falls under CFTC jurisdiction (for digital commodities) or SEC oversight (for securities under the Howey Test).

The legislation introduces two new provisional registration categories specifically for digital commodity market participants:

Digital Commodity Exchanges must register as trading facilities offering cash or spot markets in digital commodities. This federal-level registration could potentially eliminate the complex patchwork of state-by-state money transmitter licenses that currently burden crypto exchanges.

Digital Commodity Brokers and Dealers face distinct requirements based on their role. Brokers who solicit customer orders or maintain customer funds must register, while dealers who act as counterparties in regular business must also comply. Importantly, the Act provides exemptions for transactions with eligible contract participants and certain banking activities.

Token Lifecycle Management

Perhaps most innovatively, the CLARITY Act creates a pathway for tokens to evolve from securities to digital commodities through a “maturity test.” New tokens can begin as securities during initial offerings under SEC jurisdiction but transition to CFTC regulation once they demonstrate sufficient decentralization. Token projects raising under $75 million benefit from a new SEC exemption, provided they file proper disclosures and meet decentralization requirements.

Implementation Challenges and Federalism Concerns

The Act’s federal exchange registration framework creates potential constitutional conflicts. While it aims to streamline regulation, states may challenge federal preemption under the 10th Amendment, particularly regarding money transmitter statutes. This tension could force extended litigation to resolve jurisdictional boundaries.

The legislation also requires joint SEC-CFTC rulemaking within 180 days – a challenging timeline given the agencies’ historically different approaches. Without the Chevron doctrine’s deference following recent Supreme Court decisions, agencies face additional scrutiny in their regulatory interpretations.

Global RWA Regulatory Landscape: Leading Jurisdictions Set the Pace

As the US works through its regulatory framework, other major crypto-adopting countries are establishing their own approaches to tokenized real-world assets, creating a diverse global regulatory landscape.

South Korea: Comprehensive Framework with Strong Investor Protection

South Korea has emerged as a regulatory leader with its Virtual Asset User Protection Act (VAUPA), which took effect in July 2024. The country’s balanced framework includes a 20% crypto tax delayed until 2028, with ongoing discussions about the timeline, while token securities regulations allow financial institutions to provide brokerage services for trading digitized securities using distributed ledger technology.

Security Token Offerings (STOs) are expected to be legalized under the Capital Markets Law, which will regulate tokenized securities. The country’s approach emphasizes consumer protection while enabling innovation, with institutional trading guidelines slated for introduction in Q3 2025, opening wider professional access to the crypto markets.

India: Evolving Framework with RWA Focus

India’s regulatory approach combines taxation with emerging frameworks for tokenization. A 30% tax on cryptocurrency income has been introduced to formalize the market and generate revenue, with a 1% tax deduction at source applying to transactions above ₹50,000.

The country shows particular promise for RWA development, with the capital locked in tokenised RWA expected to touch $50 billion by the end of 2025, surpassing all previous records, after the ecosystem achieved a 32% annual growth rate in 2024. India’s Securities Exchange Board has introduced Amendment Regulations for Micro, Small, and Medium Real Estate Investment Trusts (SM REITs), though these fall short of integrating blockchain technology’s transformative potential.

Nigeria: Embracing Tokenization for Economic Growth

Nigeria presents one of the most compelling use cases for RWA tokenization in emerging markets. The country recognizes crypto as securities in 2025, enabling legal use with SEC oversight, tax rules, and growing adoption nationwide, while implementing a 10% taxation on gains from the disposal of digital assets, including cryptocurrency.

As the Nigerian government pushes for a blockchain-powered economy, asset tokenization could revolutionize sectors such as real estate, agriculture, and oil by making these assets more accessible and liquid. Lagos State in Nigeria plans to tokenize real estate to raise more revenue, demonstrating practical government adoption of RWA tokenization.

Egypt: Cautious Approach with CBDC Development

Egypt maintains a restrictive stance on cryptocurrencies while exploring digital currency alternatives. The Central Bank of Egypt issued warnings against cryptocurrency trading due to extremely high risks, though in 2019 announced work on a draft law that would only ban cryptocurrency activities without proper licensing.

Egypt is progressing with a central bank digital currency (CBDC) project as part of a government economic strategy document from 2024 to 2030, with the e-Pound planned by 2030. While not directly addressing RWAs, this infrastructure could eventually support tokenized assets within a controlled framework.

Turkey: Comprehensive Regulatory Implementation

Turkey has implemented one of the most detailed crypto regulatory frameworks globally. New regulations introduced in 2025 require platforms to establish organizational structures by March 31, apply for operational licenses by June 30, and sign custodian agreements by December 31.

With a large and active crypto market, Turkey ranks fourth globally in terms of crypto trading volume, with a robust regulatory framework and current penetration rate projected at 28.17% reaching over 24.82 million users. The upcoming bill is expected to address regulation of tokenizing real-world assets, positioning Turkey as a potential RWA hub.

The Global RWA Boom: Market Dynamics and Trends

The tokenized real-world asset market is experiencing unprecedented growth across multiple jurisdictions. The RWA market surged more than 260% during the first half of 2025, surpassing $23 billion in total valuation, with tokenized private credit accounting for about 58% of market share, followed by tokenized US Treasury debt at 34%.

Regulatory frameworks for tokenized RWAs are gradually taking form around the world, with the UAE standing out with clarified regulations, while Singapore, Europe and Hong Kong are working to achieve the same. This regulatory alignment supports institutional players piloting tokenization projects for real estate, commodities like gold and diamonds, and even carbon credits, with BlackRock seeking regulatory approval to tokenize bonds and stocks.

Looking Forward: Regulatory Convergence and Innovation

The intersection of the US CLARITY Act with global RWA developments suggests several key trends:

Regulatory Clarity Drives Adoption: Markets with clear frameworks like South Korea and Turkey are seeing increased institutional participation and innovation.

Cross-Border Opportunities: Different regulatory approaches create arbitrage opportunities, with projects potentially incorporating in multiple jurisdictions to access various investor bases.

Infrastructure Development: Countries investing in digital infrastructure (CBDCs, blockchain frameworks) are positioning themselves for RWA leadership.

Market Maturation: The shift from speculative trading to utility-focused tokenization reflects the industry’s evolution toward practical applications.

Conclusion

The US CLARITY Act represents a critical step toward regulatory maturity in the world’s largest crypto market, but it’s part of a broader global movement toward structured digital asset frameworks. As countries like South Korea implement comprehensive investor protections, India focuses on taxation and traditional asset integration, Nigeria embraces blockchain for economic development, and Turkey creates detailed operational requirements, the global RWA ecosystem is becoming increasingly sophisticated.

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