Withdrawal of Interpretive Guidance: Retail Commodity Transactions Involving Certain Digital Assets

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Commodity Futures Trading Commission 17 CFR Chapter I [3038-AF64] AGENCY: Commodity Futures Trading Commission. ACTION: Notice of withdrawal of Commission interpretive guidance. SUMMARY: The Commodity Futures Trading Commission (the “Commission” or “CFTC”) is withdrawing the final interpretative guidance published on June 24, 2020, titled “Retail Commodity Transactions Involving Certain Digital Assets.” DATES: The Commission is withdrawing the final interpretive guidance published at 85 FR 37734 (June 24, 2020) as of December 10, 2025. FOR FURTHER INFORMATION CONTACT: Rahul Varma, Acting Director, (202) 418-5353, rvarma@cftc.gov , Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Background On June 24, 2020, the Commission published in the Federal Register final interpretive guidance concerning the term “actual delivery” as set forth in the Commodity Exchange Act (“CEA”)  [ 1 ] pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). [ 2 ] Specifically, the final interpretive guidance was issued to inform the public of the Commission's views when determining whether actual delivery has occurred in the context of retail commodity transactions in certain types of digital assets that serve as a medium of exchange, colloquially known as “virtu…