Regulation
How the EU’s ‘total mess’ of stablecoin regulation risks being delisted as MiCA deadline approaches – DL News
- A double definition of electronic money tokens in MiCA prompts experts to sound the alarm.
- Stablecoin laws come into effect on June 30.
- New regulations could solve the problem.
There are only two months left before the much-anticipated European rules on crypto-asset markets, or MiCA, come into force.
And the European crypto industry and legal experts are sounding the alarm.
Experts fear the regulations will be so burdensome and confusing that they will drive out some stablecoins starting June 30, when the laws take effect.
It will be a “total waste,” said Victor Charpiat, a lawyer at Kramer Levin Naftalis & Frankel, an international law firm.
Cryptographic confusion
The problem lies in a dual definition of what are called electronic money tokens, or EMT. These are stablecoins linked to a currency, such as the euro or the dollar.
Two popular stablecoins in this category dominate the crypto markets. Tether’s USDT has a market value of $110 billion, and Circle’s USDC has $33 billion, according to CoinGecko.
This confusion comes from the fact that “crypto platforms do not understand how they should manage EMT and opposing interpretations come from different national regulators,” Charpiat said. DL News.
The worst-case scenario would be to resolve the issue in the European Court of Justice, he said.
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The term electronic money token is defined twice in the MiCA text, which became law almost a year ago. The first defines EMT as a type of crypto asset.
The second definition implies that e-money tokens are equivalent to e-money – a term used since 2000 to refer to digital money.
Delistings may occur if the rules are not clarified.
“Like many other cryptocurrency exchanges, we have mitigation plans in place to delist coins if issuers are not regulated by June 30,” said a spokesperson for the Bitstamp crypto exchange. DL News.
An industry letter sent to EU regulators and lawmakers seen by DL News warned that the current text could “lead to a significant decline in economic activity around EMT in the EU”.
Icy effect
Financial institutions that handle electronic money are subject to stricter regulations when it comes to payment services, even more so than crypto asset service providers.
The dual definition of MiCA could create “a chilling effect on the development of e-money tokens in Europe,” said Mark Foster, head of European policy at the Crypto Council for Innovation.
“If EU rules are so burdensome that a viable commercial business case cannot be made, businesses will naturally look to other jurisdictions, undermining the value of the EU regime,” he said. declared. DL News.
European crypto advocates are rallying for near-term clarity from regulators and a longer-term solution under the EU bill revising rules for payment services, which lawmakers of the European Parliament moved forward in a vote on Tuesday.
Regulation of payment services
The Payment Services Regulation Bill, or PSR, was voted on in plenary to move to the next phase of negotiations.
In the text, the legislators wrote: “To avoid redundant requirements, it is important [to] clearly set out the cases in which electronic money tokens should instead be subject to this Regulation.
Another amendment to the bill states that “payment transactions used for the execution of trading and settlement services using electronic money tokens” – those defined as crypto assets – are excluded from the PSR.
This could be a relief for the industry.
Negotiations will continue with finance ministers after the European elections in June. And the text signals that the EMT issue will be resolved.
Three-year gap
“The industry is encouraged that Parliament has understood the importance of clarity for EMTs,” Foster said.
But this regulation, if adopted following negotiations between Parliament and finance ministers at the Council of the EU, will not come into force before at least 2027.
This leaves about a three-year gap between the PSR and the MiCA.
“We hope to have some clarity before MiCA applies,” Foster said.
Otherwise, once the laws come into effect, crypto platforms may be unsure whether they need to comply with payment services laws or crypto asset laws to hold and transfer EMT.
Investors would have different tax implications on their EMT holdings, and this would determine how they can use their EMT funds.
As crypto companies and investors engage with lawyers and regulators, they will reach opposing conclusions, Charpiat said.
This could give rise to litigation. National regulators may give different interpretations to the financial companies that manage the EMTs they supervise.
The European Banking Authority, responsible for implementing and supervising stablecoin laws, said DL News it “takes steps to promote convergence in the application of MiCA” in collaboration with the European Commission.
The European Commission, which first drafted MiCA, stated that “EMT issuers can only be electronic money institutions and credit institutions.”
They would need to be “licensed either under the Electronic Money Directive or have a banking license,” a spokesperson said.
Electronic money token issuers
“There is a dual regime that applies because an e-money token is both a crypto asset and also e-money,” said Patrick Hansen, senior director of European strategy and policy at Circle, during from a conference in Frankfurt in February.
For global stablecoin players like Circle, which issue e-money tokens in other jurisdictions, including the US, issuing such a stablecoin in the EU means navigating “complex and difficult dual-issuer constructs” , did he declare.
It is not clear for which activities – from commerce to payments – which definition would apply.
Circle has applied for an electronic money establishment license in France.
Tether, which is in the regulatory crosshairs, is also busy analyzing MiCA’s “complexities” when it comes to e-money definitions and EU requirements, a spokesperson said.
Tether is “working to review the impact of these provisions.”
Jon Egilsson, president and co-founder of Euro-backed stablecoin issuer Monerium, is more optimistic.
“We are MiCA compliant today, that’s not a problem,” Egilsson said. Indeed, Monerium has been a licensed e-money institution since 2019. But that comes with a high regulatory cost that other companies will have to start facing once MiCA comes into effect.
“We have to be audited, we have to submit reports on a regular basis – it costs a lot of money to operate,” he said. DL News.
Until now, “other players with whom we compete are allowed to operate without any license.”
Egilsson and others argue that the rules for payment services were not designed with blockchain technology in mind.
These laws are designed to protect the customer if an institution transfers funds on behalf of a customer, using a third party for settlement.
“In Web 3, the transaction is the settlement,” he said. “This means that the blockchain network is the payment rail.”
Inbar Preiss is a regulation correspondent based in Brussels. Contact her at inbar@dlnews.com.
Regulation
Crypto community gets involved in anti-government protests in Nigeria
Amid the #EndBadGovernanceInNigeria protests in Nigeria, a notable shift is occurring within the country’s 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, “Including calls for favorable crypto regulations is not just about the crypto community; it’s about leveraging these technologies to foster broader economic prosperity.”
Existing government efforts
In opposition to Ophi’s 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). “Our efforts should mitigate the need for protest as substantial progress is being made to address the needs of the crypto industry,” 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 community’s push for regulatory reform highlights a crucial aspect of Nigeria’s 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 Nigeria’s 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?
Let’s explore Slovenia’s 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, let’s 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 EU’s 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: what’s new?
Several notable developments have taken place this year in the cryptocurrency sector in Slovenia:
July 25, 2024:Slovenia has issued a €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
Slovenia’s approach to the cryptocurrency sector is commendable, reflecting its optimistic view of the future of cryptocurrencies. The country’s balanced regulatory framework supports cryptocurrency innovation while protecting users’ rights and preventing illegal activities. Recent developments demonstrate Slovenia’s commitment to continually improving its regulatory environment. Slovenia’s 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, let’s 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 “Enforcement Order of the Act on the Establishment of the Financial Services Commission, etc.” update “Regulations on the collection of contributions from financial institutions, etc.” 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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