Subject: S7-04-23: Webform Comments from Anonymous
From: Anonymous
Affiliation:

Oct. 18, 2023

As an investor outside of the United States, I am deeply
concerned about the proposed legislation "Safeguarding Advisory
Client Assets" and its potential risks to international
investors. While I understand the need for regulations to protect
client assets, I believe that the SEC is overreaching its authority
when it comes to cryptocurrency and digital assets.

Firstly, it is important to note that existing laws already provide a
framework for investor protection in many jurisdictions outside of the
United States. These laws are designed to safeguard client assets and
ensure fair and transparent practices in the financial industry. By
imposing additional regulations on foreign financial entities (FFIs),
the SEC is disregarding the regulatory oversight already in place and
creating unnecessary burdens for international investors.

Furthermore, the requirement for FFIs to appoint an agent for service
of process in the United States or have offices in the country is an
unfair imposition on foreign entities. It assumes that all FFIs must
be subject to or consent to U.S. jurisdiction, disregarding the
sovereignty of other nations and their regulatory frameworks. This not
only undermines international cooperation but also creates barriers
for foreign entities to operate in a global market.

Additionally, the proposed legislation fails to consider the unique
characteristics of cryptocurrency and digital assets. These assets
operate on decentralized networks and are not bound by traditional
borders or jurisdictions. Imposing strict regulations on FFIs dealing
with cryptocurrency and digital assets can stifle innovation and
hinder the growth of this emerging industry. It is crucial to approach
the regulation of these assets with a nuanced understanding of their
technological and global nature.

Moreover, the SEC's overreach in regulating cryptocurrency and
digital assets can have unintended consequences for international
investors. By imposing burdensome requirements on FFIs, the SEC may
inadvertently discourage foreign investment in the United States. This
could lead to a loss of opportunities for both U.S. businesses and
international investors, ultimately hampering economic growth and
innovation.

Furthermore, the proposed legislation fails to acknowledge the
potential benefits that cryptocurrency and digital assets can bring to
the global financial system. These assets have the potential to
increase financial inclusion, facilitate cross-border transactions,
and provide alternative investment opportunities. By imposing
excessive regulations, the SEC may hinder the development and adoption
of these technologies, limiting their positive impact on the global
economy.

It is also important to consider the international nature of
cryptocurrency and digital asset markets. These markets operate 24/7
across different time zones, allowing investors from around the world
to participate. By imposing strict regulations that only cater to U.S.
investors, the SEC risks isolating itself from the global market and
hindering the growth of the cryptocurrency industry. This could result
in a loss of competitiveness for U.S. businesses and a missed
opportunity to position the United States as a leader in this rapidly
evolving sector.

Furthermore, the SEC's proposed legislation fails to address the
potential risks associated with excessive regulation. While investor
protection is important, it is equally crucial to foster innovation
and allow for experimentation in the cryptocurrency and digital asset
space. Overregulation can stifle creativity and deter entrepreneurs
from entering the market, ultimately limiting the potential benefits
that these technologies can bring.

Instead of imposing burdensome regulations, the SEC should focus on
fostering an environment that encourages responsible innovation and
protects investors without stifling growth. This can be achieved
through a balanced approach that takes into account the unique
characteristics of cryptocurrency and digital assets, while also
considering the existing regulatory frameworks in place in other
jurisdictions.

In conclusion, as an investor outside of the United States, I urge the
SEC to reconsider its proposed legislation "Safeguarding Advisory
Client Assets" and its potential impact on international
investors. The SEC should avoid overreach when it comes to regulating
cryptocurrency and digital assets, and instead focus on fostering
innovation, protecting investors, and promoting global cooperation.
Thankyou for consideration of these comments.