Regulatory Sandbox: US Fintech Firms Lobby for Federal Oversight

Regulatory Sandbox: US Fintech Firms Lobby for Federal Oversight

beincrypto.com
March 9, 2025 by Jhon E. Bermúdez
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Okay, I’ll rewrite the provided content to be more natural and engaging, while strictly adhering to your instructions. Here’s the humanized version, keeping all HTML tags and maintaining the original tone, style, and intent: <div> <p><strong>Regulatory sandboxes – think of them as innovation playgrounds for the financial world.</strong> They've popped up as a smart way


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              <p><strong>Regulatory sandboxes – think of them as innovation playgrounds for the financial world.</strong> They've popped up as a smart way to encourage new ideas in a controlled space.  Basically, companies get to test out their latest crypto products and services, while regulators watch closely and figure out how to best adapt the rules.  Places like the UK, the UAE, and Singapore have already jumped on this idea, creating their own sandboxes.  But in the US?  Still waiting on a federal version.</p>

<p>To dig deeper into this, BeInCrypto chatted with folks from OilXCoin and Asset Token Ventures LLC. We wanted to get their insights on what the US needs to get a federal regulatory sandbox off the ground and, importantly, how to create a unified testing ground instead of the current fragmented mess for innovators.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-a-patchwork-approach">A Patchwork Approach</h2>

<p>Well, if the name wasn't a giveaway, regulatory sandboxes are essentially controlled spaces to experiment and play around. They're designed for entrepreneurs, businesses, industry leaders, and even lawmakers to get hands-on experience with fresh, innovative products.</p>

<p><a href="https://reforminggovernment.org/wp-content/uploads/2024/05/IRG_SandboxReport.pdf" target="_blank" rel="noreferrer noopener nofollow">According</a> to a report from the Institute for Reforming Government, we're already seeing some sandbox action in the US.  Fourteen states, to be exact, have set up regulatory sandboxes for fintech innovation.</p>

<p>Out of these, a significant number are focused on specific industries, not just fintech. We're talking artificial intelligence, real estate, insurance, childcare, healthcare, and education also getting the sandbox treatment in 11 states.</p>

<figure class="wp-block-image size-full is-resized"><img decoding="async" alt="" class="wp-image-671573 lazy" style="width:767px;height:auto" loading="lazy" src="https://beincrypto.com/wp-content/uploads/2025/03/Screenshot-2025-03-07-at-12.39.57 PM.png"/><figcaption class="wp-element-caption">12 US states have not considered any type of statewide sandbox legislation. Source: <a href="https://reforminggovernment.org/wp-content/uploads/2024/05/IRG_SandboxReport.pdf" target="_blank" rel="noreferrer noopener nofollow">Institute for Reforming Government</a>.</figcaption></figure>

<p>Now, when it comes to broad, all-in-one sandboxes, Utah, Arizona, and Kentucky are leading the pack.  Interestingly, almost all states – *except* for a dozen –  are exploring setting up some kind of regulatory sandbox to boost innovation.</p>

<p>Because crypto is still a relatively new space, the rules around it are still catching up.  While these state-level initiatives are helpful for innovators to show off what their products can do, they face serious limitations without a federal sandbox to back them up.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-the-need-for-federal-oversight">The Need for Federal Oversight</h2>

<p>While these state sandboxes are a great start for sparking innovation, entrepreneurs and businesses still run into roadblocks when they want to expand across state lines or reach a national audience.</p>

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<p>“The current patchwork of state regulatory sandboxes in the US offers some breathing room for innovation, but frankly, they don't go far enough.  Operating at the state level means they just don’t have the scale or consistency needed to give real regulatory clarity for businesses that work across multiple states,” Dave Rademacher, Co-founder of OilXCoin, explained to BeInCrypto.</p>
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<p>Adding to the complexity, rapid advancements in areas like blockchain and artificial intelligence (AI) create even more uncertainty. The current legal frameworks just might not be equipped to handle these quickly evolving technologies.</p>

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<p>“Since crypto and blockchain technologies are, by nature, global, trying to navigate a fragmented regulatory landscape becomes a real headache. It makes compliance tough and creates a lot of uncertainty for both startups and bigger investors,” Rademacher added.</p>
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<p>On the flip side, regulators themselves might find it hard to create effective rules for these new technologies if they aren't totally up to speed on these fast-moving industries.</p>

<p>This all leads to a growing call from industry players for a federal regulatory sandbox.  The idea is to create a collaborative space to bridge this gap, encouraging communication and knowledge sharing between regulators and those working in the industry.</p>

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<p>“Setting up a federal regulatory sandbox in the US could be a game-changer for both innovation *and* keeping things regulated. It could reduce the confusion and uncertainty that comes with dealing with different state rules.  Ultimately, it could create a clear, consistent, and innovation-friendly environment,” said Paul Talbert, Managing Director of ATV Fund.</p>
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<p>According to both Rademacher and Talbert, this kind of setup would really benefit everyone involved.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-benefits-of-a-federal-regulatory-sandbox">Benefits of a Federal Regulatory Sandbox</h2>

<p>Think of a sandbox as a safe space for innovators. It's a managed environment to test out products under regulatory eyes, but without immediately having to jump through all the hoops of full compliance – especially when the existing rules might not even fit the new tech.</p>

<p>It's a win for regulators too! They get a firsthand look at how things like blockchain actually work, which helps them create smarter, more adaptable regulations down the line.</p>

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<p>“For startups to really benefit, we need clear guidelines on who can join the sandbox. And regulators need to set out clear goals – whether it’s figuring out how to classify tokens, testing out DeFi apps, or streamlining compliance,” Rademacher emphasized.</p>
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<p>Plus, a federal sandbox could help the US stay ahead of the curve and maintain its position as a leader in tech innovation.</p>

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<p>“By making innovation easier, providing regulatory certainty, and creating supportive environments, the US can seriously boost its competitive edge in the global fintech arena,” Talbert added.</p>
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<p>While the US has been slow getting a federal framework for fintech innovation off the ground, other countries are already making big strides in this area.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-global-precedents">Global Precedents</h2>

<p>Let's look at the UK.  The Financial Conduct Authority (FCA), their financial services regulator, launched the very first regulatory sandbox back in 2014 as part of "Project Innovate." The whole idea was to create a managed space to test out innovative products.</p>

<p>The UK government specifically asked the FCA to develop a regulatory process to encourage new tech-based financial services and fintech, while also making sure consumers were protected.</p>

<p>Inspired by the UK, places like Abu Dhabi, Denmark, Canada, Hong Kong, and Singapore followed suit and set up their own regulatory sandboxes.</p>

<p>The United Arab Emirates (UAE) and Singapore, in particular, have really taken the lead in creating effective federal regulatory sandboxes.</p>

<p>Take the UAE, for example. They now have four *different* sandboxes: the Abu Dhabi Global Market (ADGM) Regulation Lab, the DSFA Sandbox, the CBUAE FinTech Sandbox, and the DFF Regulation Lab.</p>

<p>They're focusing on everything from digital banking and blockchain to payment systems, AI, and even self-driving transport.</p>

<p>Meanwhile, the Monetary Authority of Singapore (MAS) launched their Fintech Regulatory Sandbox in 2016.  And because speed matters, three years later, they launched "Sandbox Express" – a faster track option for companies to test lower-risk activities in a controlled way.</p>

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<p>“The success of regulatory sandboxes in places like the UK, Singapore, and the UAE really highlights what’s important:  regulatory teamwork, clear and open processes, constant monitoring, and dedicated resources.  Because of this success, more and more countries around the world are looking to copy these pioneering frameworks to boost their own positions in the global fintech race,” Talbert explained.</p>
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<p>Rademacher believes that the progress made in these other countries should be a wake-up call for the US to pick up the pace.</p>

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<p>“Instead of just trying to stay competitive, the US really needs to focus on catching up. We've fallen behind places like the UAE and Singapore, who have created clear regulatory paths that attract both investment and talent. A federal sandbox is a critical step to get the US back to being a leader in financial innovation,” he argued.</p>
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<p>But to make this happen, the US has to overcome some significant hurdles.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-challenges-of-a-fragmented-us-regulatory-landscape">Challenges of a Fragmented US Regulatory Landscape</h2>

<p>One big challenge in setting up a federal sandbox in the US is the fact that we have a complex web of federal and state agencies overseeing financial services. It's not as simple as it is in some other countries.</p>

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<p>“Unlike countries with a single financial authority, the US has multiple agencies – like the SEC, CFTC, and various banking regulators.  Each of them has slightly different views on how digital assets should be classified and regulated. This lack of coordination between agencies makes creating a unified sandbox way more complicated than in places with just one main regulator,” Rademacher told BeInCrypto.</p>
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<p>However, there's some good news.  In recent years, key figures within the SEC and CFTC have shown interest in taking a more innovation-friendly regulatory approach.</p>

<p>Back in September 2023, when Caroline Pham was still a CFTC Commissioner, she suggested launching federal sandboxes or pilot programs as a way to stay ahead of the innovation curve.  SEC Commissioner Hester Peirce has echoed similar thoughts in the past.</p>

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<p>“Even though I’m more of a ‘let it grow naturally’ regulator than a ‘sandbox’ type, sandboxes *have* proven to help innovation in heavily regulated areas.  Experience in the UK and elsewhere shows they can let innovators test their ideas in real-world situations. A sandbox can offer a real path for smaller, disruptive companies to enter regulated markets and compete against the big players,” Peirce stated in a <a href="https://www.sec.gov/newsroom/speeches-statements/peirce-boe-fca-comment-05302024" target="_blank" rel="noreferrer noopener nofollow">statement</a> last May.</p>
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<p>Still, the reach of national regulations is much broader than just these two agencies.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-congressional-and-constitutional-hurdles"><strong>Congressional and Constitutional Hurdles</strong></h2>

<p>Any attempt to create a federal regulatory framework for sandboxes in the US would need to go through Congress for approval.  Talbert pointed out some potential constitutional challenges that could pop up when trying to push through something like this.</p>

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<p>“These potential issues include the ‘non-delegation doctrine,’ which questions if it’s constitutional to give legislative power away.  Then there are ‘equal protection’ concerns under the Fifth Amendment’s Due Process Clause, challenges related to the Supremacy Clause, and implications under the Administrative Procedure Act (APA) and the principles of judicial review,” he explained.</p>
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<p>To navigate these tricky areas, Congress needs to set clear legal boundaries to make sure the regulatory framework is predictable yet still flexible.  Given the current administration's focus on tech innovation, the outlook for creating a sandbox seems reasonably positive.</p>

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<p>“Considering the current makeup of Congress, which aligns with the new executive branch’s political leanings, now might be a good time for regulatory reform.  Such reform could pave the way for a joined-up federal regulatory framework and improve cooperation between federal agencies,” Talbert told BeInCrypto.</p>
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<p>However, it’s important to remember that a federal regulatory sandbox isn't a one-size-fits-all fix.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-balancing-state-autonomy-and-federal-regulations">Balancing State Autonomy and Federal Regulations</h2>

<p>State autonomy is a core principle of the US system.  This means that even if there's a national sandbox, individual states still have the power to restrict or even ban sandboxes within their own borders.</p>

<p>The good news is that most US states are already exploring regulatory sandboxes, and those that have them come from across the political spectrum.</p>

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<p>“Despite these potential obstacles, it’s worth noting that the push for state regulatory sandboxes has generally crossed party lines. Representatives from both major parties have recognized the economic benefits of setting up regulatory frameworks that boost their state's competitiveness,” Talbert pointed out.</p>
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<p>However, there are other challenges beyond just political resistance.</p>

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<p>“A federal regulatory sandbox might also face pushback from established financial institutions, like banks. They might see it as a potential threat to their current business models.  Additionally, federal budget limitations could impact the government’s ability to properly support the development and ongoing running of a federal regulatory framework,” Talbert added.</p>
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<p>Effective federal regulations will also need to strike a balance between the needs of businesses and the responsibilities of regulators.</p>

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<p>“The two biggest dangers are overregulation – putting in too many rules that defeat the purpose of the sandbox – or underregulation – not providing enough clear guidance. If the rules are too strict, businesses might not bother participating, making the sandbox pointless.  If they're too loose, there's a risk of misuse or regulatory loopholes.  A good federal sandbox shouldn’t become a bureaucratic mess, but rather a dynamic framework that encourages responsible growth in the digital asset space,” Rademacher told BeInCrypto.</p>
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<p>Ultimately, the best path forward will require cooperation from various government bodies, industry players, and collaboration across political lines.</p>

<h2 class="bic-gutenberg-heading wp-heading wp-block-heading" id="h-fostering-collaboration-for-a-successful-sandbox">Fostering Collaboration for a Successful Sandbox</h2>

<p>Given recent tensions between the tech world and federal agencies, Rademacher believes creating a cooperative atmosphere is crucial for building a working federal sandbox.</p>

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<p>“The approach needs to be ‘let’s work together’ rather than ‘us versus them.’ Agencies should see the sandbox as a chance to refine regulations in real time, working hand-in-hand with industry participants to create policies that encourage responsible innovation.  Getting banking regulators and the Treasury Department involved could also be really valuable in ensuring digital assets are integrated into the wider financial system responsibly,” he suggested.</p>
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<p>Making this happen requires a bipartisan approach to align regulatory goals and set clear boundaries.  Industry collaboration with lawmakers and regulators is essential to show how a sandbox can foster responsible innovation while still protecting consumers.</p>

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<p>“Its success will really depend on whether it becomes a bridge between innovation and regulation, rather than just another layer of red tape,” Rademacher concluded.</p>
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