Regulation
π South Africa’s message to the rest of Africa
July 9, 2024 at 10:01 a.m.
Updated: July 9, 2024 at 12:48 p.m.
5 minutes reading time
More: πΏπ¦ South Africa grants 63 new crypto licenses ποΈ FSCA chief outlines principles-based regulation π³π¬ CBN official testifies against Binance π οΈ Fuse Network launches $10,000 summer hackathon
Hi
This is Oluwaseun, the editor here at Mariblock.
Welcome to Mariblock Weekly, where we bring you the most important developments in the African blockchain scene over the past week.
I think we can safely call this edition of MB Weekly the South African edition. Quite frankly, no other country on the continent produces as many headlines about blockchain and cryptocurrencies as South Africa.
Well, there is the ongoing legal battle between Nigeria and Binance, which continues to see Binance staff member Tigran Gambarya locked up.
In some ways, the two stories are similar in that they become a textbook case of how to regulate or not regulate a nascent market. In South Africa, a progressive regulatory stance attracts builders and investment. In Nigeria, builders flee, as do the investments they attract.
Let’s go!
Stay informed about the latest blockchain developments in Africa
South Africa Grants 63 New Cryptocurrency Licenses, Also Launches 30 Cryptocurrency-Related Investigations
Top line: The Financial Sector Conduct Authority (FSCA) of South Africa has significantly expanded its list of approved crypto asset service providers (CASPs), approving 63 new applications in Q2 2024.Details)
The details: As of June 30, 2024, the total number of licensed CASPs in South Africa was 138, compared to 75 in April 2024, the FSCA said in a July 2 statement. Press release.
- The FSCA has received a total of 383 CASP licence applications since the process began on 1 June 2023.
- The regulator rejected five applications, while 80 applicants withdrew voluntarily following discussions with the FSCA about the suitability of their business models.
- The remaining applications are still under consideration by the regulator.
- We have published the full list of news licenses on LinkedIn. Check it here.
𫧠Oluwaseun’s thought bubble: Like I written on LinkedInThe most remarkable part of the new licenses for me is that Kotani Payment β originally founded in Kenya by Kenyans β is now licensed in South Africa.
- Kenya currently has no regulatory framework for cryptocurrencies, despite positive developments over the past year, including lawmakers asking the Blockchain Association of Kenya to draft a bill.
- In one of last year’s weekly Mariblock newsletters, I wrote βClear and favorable regulation will determine Africaβs crypto hub.β
- South Africa, while not there yet, is certainly on the right track. So it is no surprise to see Kotani Pay moving its base to South Africa.
Gear switch : The FSCA is not only increasing the number of approved CASPs; it is also strengthening the enforcement of its regulations.
From Rigid Rules to Flexible Principles: South Africa’s Approach to Financial Innovation
Photo credit: FSCA
Top line:Financial Sector Conduct Authority (FSCA) Commissioner Unathi Kamlana delivered a high-profile public lecture at North-West University on 26 June 2024, addressing South Africa approach aimed at striking a balance between promoting innovation in the financial sector and maintaining effective regulatory oversight.Details)
π¬
Revealing QuoteβThe future requires us to be both proactive and adaptive, continually evolving our approaches to keep pace with technological advances,β Kamlana said. βThis will involve adopting new regulatory frameworks, leveraging advanced technologies for surveillance, and maintaining a flexible mindset to adapt to rapid changes in the industry.β
The details: In a bid to match words with actions, Kamlana said the FSCA is moving towards a principles-based regulatory approach.
- This approach aims to ensure fair treatment of customers rather than prescribing detailed rules.
- According to one academic journal, principles-based regulation involves three key elements:
- Broad-based standards that emphasize high-level rules, stated in general terms, rather than detailed rules.
- Outcome-oriented regulation that focuses on achieving desired outcomes for consumers and the financial system.
- Increase senior management accountability to hold senior executives accountable for regulatory compliance.
To note : The FSCA regulations place significant supervisory responsibilities on βkey personsβ, which include senior managers.
- In a recent publication on regulatory action, the FSCA reaffirmed its commitment to holding key individuals to account.
- Earlier in 2024, an FSCA official confirmed that some withdrawn crypto license applications were linked to a lack of key personnel.
Nigerian Central Bank Official Testifies Against Binance in Ongoing Legal Battle
Resources: Mbe4design & Latino Life | Design by Ifeoluwa Awowoye
Top line: A Central Bank of Nigeria (CBN) official has testified that Nigerian Binance users are conducting transactions using pseudonyms, potentially complicating the ongoing legal case against the cryptocurrency exchange.Details)
The details: Olubukola Akinwumi, Deputy Director of the CBN, testified before the Federal High Court in Abuja on July 5, 2024.
- Akinwumi said Binance users in Nigeria often use pseudonyms to hide their identities when trading.
- The testimony is part of the ongoing trial against Binance and its CEO, Tigran Gambaryan, who are accused of money laundering involving $35.4 million.
- Akinwumi stressed that Binance is not licensed to operate in Nigeria and its services related to naira deposits and withdrawals are regulated activities usually carried out by institutions registered with the CBN.
𫧠Oluwaseun’s thought bubble: The stark contrast between Nigeria and South Africaβs approaches to cryptocurrency regulation is becoming increasingly significant, and its effects are becoming more apparent by the day.
- South Africa’s progressive attitude attracts innovation and investment, while Nigeria’s more restrictive approach appears to drive away talent and opportunity.
- Some of the most talented entrepreneurs I know have decided to focus on something other than Nigeria. There is a growing trend towards βbuilding for the worldβ rather than focusing on Nigeria or even Africa in particular.
- On the surface, this isnβt particularly a bad thing. However, when you consider that these founders are primarily mission-driven, you start to realize that this is a loss. Furthermore, it means that these founders are moving the investments they attract elsewhere.
Catch up
photo by Glen Rushton / Unsplash
π³π¬ Cryptocurrency exchange KuCoin imposes 7.5% VAT on transaction fees for Nigerian users (Mari Block)
πΏπ¦ South Africa announces 30 investigations into cryptocurrency activities (Mari Block)
π³π¬ Binance vs Nigeria: A timeline of events as they unfold (Mari Block)
π°πͺ Worldcoin resumes operations as Kenyan police drop investigations (Mari Block)
π³π¬ Nigeria to launch nationwide AI and blockchain research center (Mari Block)
π³π¬ Nigeria’s SEC Announces Regulatory Sandbox for Cryptocurrency Firms (Mari Block)
Opportunities
Fuse network is hosting its 2024 summer hackathon from July 15 to August 4, with a prize pool of $10,000.Details )
It’s all for this week.
See you next week.
Cheers,
Oluwasun.
Regulation
Crypto community gets involved in anti-government protests in Nigeria
Amid the #EndBadGovernanceInNigeria protests in Nigeria, a notable shift is occurring within the countryβs cryptocurrency sector. As the general public demands sweeping governance reforms, crypto community leaders are seizing the opportunity to advocate for specific regulatory changes.
Rume Ophi, former secretary of the Blockchain Stakeholders Association of Nigeria (SiBAN), stressed the critical need to integrate crypto-focused demands into the broader agenda of the protests.
Ophi explained the dual benefit of such requirements, noting that proper regulation can spur substantial economic growth by attracting investors and creating job opportunities. Ophi noted, βIncluding calls for favorable crypto regulations is not just about the crypto community; itβs about leveraging these technologies to foster broader economic prosperity.β
Existing government efforts
In opposition to Ophiβs call for action, Chimezie Chuta, chair of the National Blockchain Policy Steering Committee, presents a different view. He pointed out The Nigerian government continued efforts to nurture the blockchain and cryptocurrency industries.
According to Chuta, the creation of a steering committee was essential to effectively address the needs of the crypto community.
Chuta also highlighted the creation of a subcommittee to harmonize regulations for virtual asset service providers (VASPs). With the aim of streamlining operations and providing clear regulatory direction, the initiative involves cooperation with major organizations including the Securities and Exchange Commission (SEC) and the Central Bank of Nigeria (CBN). βOur efforts should mitigate the need for protest as substantial progress is being made to address the needs of the crypto industry,β Chuta said.
A united call for support
The ongoing dialogue between the crypto community and government agencies reflects a complex landscape of negotiations and demands for progress.
While actors like Ophi are calling for more direct action and the inclusion of crypto demands in protest agendas, government figures like Chuta are advocating for recognition of the steps already taken.
As protests continue, the crypto communityβs push for regulatory reform highlights a crucial aspect of Nigeriaβs broader fight to improve governance and economic policies. Both sides agree that favorable regulations are critical to the successful adoption and implementation of blockchain technologies, signaling a potentially transformative era for Nigeriaβs economic framework.
Read also : OKX Exchange Exits Nigerian Market Amid Regulatory Crackdown
Regulation
Cryptocurrency Regulations in Slovenia 2024
Slovenia, a small but highly developed European country with a population of 2.1 million, boasts a rich industrial history that has contributed greatly to its strong economy. As the most economically developed Slavic nation, Slovenia has grown steadily since adopting the euro in 2007. Its openness to innovation has been a key factor in its success in the industrial sector, making it a prime destination for cryptocurrency enthusiasts. Many believe that Slovenia is poised to become a powerful fintech hub in Europe. But does its current regulatory framework for cryptocurrencies support such aspirations?
Letβs explore Sloveniaβs cryptocurrency regulations and see if they can propel the country to the forefront of the cryptocurrency landscape. My expectations are positive. What are yours? Before we answer, letβs dig a little deeper.
1. Cryptocurrency regulation in Slovenia: an overview
Slovenia is renowned for its innovation-friendly stance, providing a supportive environment for emerging technologies such as blockchain and cryptocurrencies. Under the Payment Services and Systems Act, cryptocurrencies are classified as virtual assets rather than financial or monetary instruments.
The regulation of the cryptocurrency sector in Slovenia is decentralized. Different authorities manage different aspects of the ecosystem. For example, the Bank of Slovenia and the Securities Market Agency oversee cryptocurrency transactions to ensure compliance with financial laws, including anti-money laundering (AML) and terrorist financing regulations. The Slovenian Act on the Prevention of Money Laundering and Terrorist Financing (ZPPDFT-2) incorporates the EUβs 5th Anti-Money Laundering Directive (5MLD) and aligns with the latest FATF recommendations. All virtual currency service providers must register with the Office of the Republic of Slovenia.
2. Cryptocurrency regulation in Slovenia: whatβs new?
Several notable developments have taken place this year in the cryptocurrency sector in Slovenia:
July 25, 2024:Slovenia has issued a β¬30 million on-chain digital sovereign bond, the first of its kind in the EU, with a yield of 3.65%, maturing on 25 November 2024.
May 14, 2024:NiceHash has announced the first Slovenian Bitcoin-focused conference, NiceHashX, scheduled for November 8-9 in Maribor.
3. Explanation of the tax framework for cryptocurrencies in Slovenia
The Slovenian cryptocurrency tax framework provides clear guidelines for individuals and businesses. According to the Slovenian Financial Administration, the tax treatment depends on the status of the trader and the nature of the transaction.
- People:Income earned from cryptocurrencies through employment or ongoing business activities is subject to personal income tax. However, capital gains from transactions or market fluctuations are exempt from tax.
- Companies:Capital gains from cryptocurrency-related activities are subject to a 19% corporate tax. Value-added tax (VAT) generally applies at a rate of 22%, although cryptocurrency transactions that are considered as means of payment are exempt from VAT. Companies are not allowed to limit payment methods to cryptocurrencies alone. Tokens issued during ICOs must follow standard accounting rules and corporate tax law.
4. Cryptocurrency Mining in Slovenia: What You Need to Know
Cryptocurrency mining is not restricted in Slovenia, but income from mining is considered business income and is therefore taxable. This includes rewards from validating transactions and any additional income from mining operations. Both individuals and legal entities must comply with Slovenian tax regulations.
5. Timeline of the development of cryptocurrency regulation in Slovenia
Here is a timeline highlighting the evolution of cryptocurrency regulations in Slovenia:
- 2013:The Slovenian Financial Administration has issued guidelines stating that income from cryptocurrency transactions should be taxed.
- 2017:The Slovenian Financial Administration has provided more detailed guidelines on cryptocurrency taxation, depending on factors such as the status of the trader and the type of transaction.
- 2023:The EU adopted the Markets in Crypto-Assets (MiCA) Regulation, establishing a uniform regulatory framework for crypto-assets, their issuers and service providers across the EU.
Endnote
Sloveniaβs approach to the cryptocurrency sector is commendable, reflecting its optimistic view of the future of cryptocurrencies. The countryβs balanced regulatory framework supports cryptocurrency innovation while protecting usersβ rights and preventing illegal activities. Recent developments demonstrate Sloveniaβs commitment to continually improving its regulatory environment. Sloveniaβs cryptocurrency regulatory framework sets a positive example for other nations navigating the evolving cryptocurrency landscape.
Read also : Hong Kong Cryptocurrency Regulations 2024
Regulation
A Blank Sheet for Cryptocurrencies: Kamala Harris’ Regulatory Opportunity
photo by Shubham Dhage on Unsplash
As the cryptocurrency landscape continues to evolve, the need for clear regulation has never been more pressing.
With Vice President Kamala Harris now leading the charge on digital asset regulation in the United States, this represents a unique opportunity to start fresh. This fresh start can foster innovation and protect consumers. It can also pave the way for widespread adoption across industries, including real estate agencies, healthcare providers, and online gaming platforms like these. online casinos ukAccording to experts at SafestCasinoSites, these platforms come with benefits such as bonus offers, a wide selection of games, and various payment methods. Ultimately, all this increase in adoption could propel the cryptocurrency market forward.
With this in mind, letβs look at the current state of cryptocurrency regulation in the United States, a complex and confusing landscape. Multiple agencies, including the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Financial Crimes Enforcement Network (FinCEN), have overlapping jurisdictions, creating a fragmented regulatory environment. This lack of clarity has stifled innovation as companies are reluctant to invest in the United States, fearing regulatory repercussions. A coherent and clear regulatory framework is urgently needed to realize the full potential of cryptocurrencies in the United States.
While the US struggles to find its footing, other countries, such as Singapore and the UK, are actively looking into the cryptocurrency sector by adopting clear and supportive regulatory frameworks. This has led to a brain drain, with companies choosing to locate in more conducive environments.
Vice President Kamala Harris has a unique opportunity to change that narrative and start over. Regulation of cryptocurrencies. By taking a comprehensive and inclusive approach, it can help create a framework that balances consumer protection with innovation and growth. The time has come for clear and effective regulation of cryptocurrencies in the United States.
Effective regulation of digital assets is essential to foster a safe and innovative environment. The key principles guiding this regulation are clarity, innovation, global cooperation, consumer protection, and flexibility. Clear definitions and guidelines eliminate ambiguity while encouraging experimentation and development to ensure progress. Collaboration with international partners establishes consistent standards, preventing regulatory arbitrage. Strong safeguards protect consumers from fraud and market abuse, and adaptability allows for evolution in response to emerging trends and technologies, striking a balance between innovation and protection.
The benefits of effective cryptocurrency regulation are multiple and far-reaching. By establishing clear guidelines, governments can attract investors and mainstream users, driving growth and adoption. This can, in turn, position countries like the United States as global leaders in fintech and innovation. Strong safeguards will also increase consumer confidence in digital assets and related products, increasing economic activity.
A thriving crypto industry can contribute significantly to GDP and job creation, which has a positive impact on the overall economy. Furthermore, effective regulation has paved the way for the growth of many businesses such as tech startups, online casinos, and pharmaceutical companies, demonstrating that clear guidelines can open up new opportunities without stifling innovation. This is a great example of how regulation can allay fears of regressive policies, even if Kamala Harris does not repeal the current progressive approach. By adopting effective regulation, governments can create fertile ground for the crypto industry to thrive, thereby promoting progress and prosperity.
Regulation
South Korea Imposes New ‘Monitoring’ Fees on Cryptocurrency Exchanges
Big news! The latest regulatory changes in South Korea are expected to impact major cryptocurrency exchanges like Upbit and Bithumb. Under the updated regulations, these platforms will now have to pay monitoring fees, which could cause problems for some exchanges.
Overview of new fees
In the latest move to regulate cryptocurrencies, the Financial Services Commission announced on July 1 the revised βEnforcement Order of the Act on the Establishment of the Financial Services Commission, etc.β update βRegulations on the collection of contributions from financial institutions, etc.β According to local legislation newsThe regulations require virtual asset operators to pay supervisory fees for inspections conducted by the Financial Supervisory Service starting next year. The total fees for the four major exchanges are estimated at around 300 million won, or about $220,000.
Apportionment of costs
Upbit, which holds a dominant market share, is expected to bear more than 90% of the total fee, or about 272 million won ($199,592) based on its operating revenue. Bithumb will pay about 21.14 million won ($155,157), while Coinone and GOPAX will contribute about 6.03 million won ($4,422) and 830,000 won ($608), respectively. Korbit is excluded from this fee due to its lower operating revenue.
Impact on the industry
The supervision fee will function similarly to a quasi-tax for financial institutions subject to inspections by the Financial Supervisory Service. The new law requires any company with a turnover of 3 billion won or more to pay the fee.
In the past, fees for electronic financial companies and P2P investment firms were phased in over three years. However, the taxation of virtual asset operators has been accelerated, reflecting the rapid growth of the cryptocurrency market and increasing regulatory scrutiny.
Industry reactions
The rapid introduction of the fee was unexpected by some industry players, who had expected a delay. Financial Supervisory Service officials justified the decision by citing the creation of the body concerned and the costs already incurred.
While larger exchanges like Upbit and Bithumb can afford the cost, smaller exchanges like Coinone and GOPAX, which are currently operating at a loss, could face an additional financial burden. This is part of a broader trend of declining trading volumes for South Korean exchanges, which have seen a 30% drop since the new law went into effect.
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