Regulation
KYC and AML in MiCA rules: how will crypto evolve in 2025?
Disclosure: The views and opinions expressed herein belong solely to the author and do not represent the views and opinions of crypto.news editorial.
All talk is about the EU Cryptoasset markets, or even MiCA, MiCA and MiCA. This regulatory package, which is not even fully in force yet, is already causing a monumental movement in the blockchain and crypto space. When will it be fully enforceable, what exactly is subject to regulation, and most importantly, how can we prepare for upcoming legislative changes and stay compliant in the brave new world of regulated crypto?
First, when? In June 2024, the European Securities and Markets Authority, in collaboration with the European Banking Authority, will prepare draft delegated acts. At the same time, part of the MiCA regulations will become fully applicable. These parts of the package cover asset-referenced tokens, which include all real-world asset tokenization tokens, as well as stablecoins backed by fiat currencies, because the assets they are referenced to are real currencies. When this happens, all entities involved in commercial operations using asset-referenced tokens will be forced to introduce numerous regulatory measures, such as KYC and AML protocols. The remainder of the regulations will become applicable in December 2024 or January 2025. Regulated entities will include:
- Crypto Asset Service Providers (CASP). Any company that provides services such as exchange services, portfolio management or crypto asset custody will be considered a PSAP. They will be required to incorporate KYC measures when onboarding new users, as well as AML programs that will flag suspicious transactions. One issue we should mention is that many challenges will also be considered PSAPs. MiCA will not apply to the so-called “fully decentralized challenge,” meaning no person or organization actually makes a profit from this endeavor, like Bitcoin. However, “partially centralized challenges” will be considered PSAPs.
- Asset Referenced Tokens transmitters. These companies are already regulated by MiCA rules and must also introduce KYC and AML measures.
The obvious answer is, of course, to introduce KYC and AML measures to remain compliant in the European crypto market. However, this process presents many obstacles, especially for crypto companies.
Developing KYC and AML protocols in-house takes months, if not years, and will cost the company millions of dollars. The biggest banks in the world spend up to $500 million per year on KYC alone, with an average of $50 million. Most crypto companies that already have KYC do so through different KYC providers. Like any other B2B business, a KYC provider does the entire process for you, saving the customer resources and not spending them on a completely new business process. The current market situation shows us that working with a KYC provider is the best solution in terms of optimization. Even the biggest names in the industry, like Binance, Bybit, and Huobi, all use the KYC provider’s services instead of managing them in-house.
Another obstacle specific to the cryptocurrency market is data security. Many people have come to the crypto market because of its built-in anonymity features and lack of KYC. Not necessarily because they finance terrorism or launder money, but simply because they believe in data ownership and don’t want to give away information as sensitive as their home address or ID number to a company third party. It will not be easy to explain the benefits of MiCA rules and KYC/AML practices to this specific audience. So this is a big challenge that crypto companies will have to overcome in order to keep users once the regulations come into full force.
But what are the real benefits of the MiCA rules? Why are they introduced? Is it just because the government wants to control us even more?
I strongly believe that the MiCA rules will have a very positive effect on the European crypto market, allowing it to be competitive with other regions that are actively introducing crypto regulations and allowing it to become the global crypto hub .
First of all, MiCA will replace the current regulations of individual EU countries. Germany, Italy, Spain, France and other countries all have different regulations, with different travel rules, minimum transaction sizes without KYC and many other differences. This leads companies to dedicate additional resources to adapt their KYC and AML processes separately to each legislation. For example, Binance had to leave the Netherlands market due to the inability to obtain the necessary license. With the new MiCA rules covering the entire EU, cases like this will not happen again, since companies will have to comply with a unified standard, making operations in the European crypto market much easier easy and less expensive.
Another important thing to note is that MiCA prohibits things that are obviously dangerous and economically unstable. One of the biggest regulatory changes is the complete ban on algorithmic stablecoins. Simply put, there are two types of stablecoins: currency-backed and algorithmic. Currency-backed stablecoins guarantee their stable price by locking up funds in a 1:1 ratio. In other words, if there is 1,000,000 USDT in the market, Tether will have 1,000,000 USD stuck somewhere, promising to buy back all of that currency with the blocked funds.
Algorithmic stablecoins, on the other hand, use market principles of supply and demand to maintain the target price. If the issuer notices that the stablecoin is losing value, it buys back part of the supply with other tokens. At a high enough scale, the collateral tokens used to redeem stablecoins from the market will also begin to lose value, or the company will burn the collateral tokens, ultimately leading to the company’s inability to withdraw enough stable coins from the market. and both tokens collapse. This is exactly what happened to UST and MOON, the price of the latter having fallen by 99.99%. Algorithmic stablecoins don’t work, and by banning them completely, MiCA regulations better protect investor funds.
Many people in the crypto space are less optimistic about upcoming regulations, and they are right. The implementation of KYC and AML protocols will definitely increase the operating costs of crypto companies and ultimately it will be the users who pay for it. Hiring a KYC provider, storing all the data, and many other additional processes will be expensive, forcing businesses to either cut costs elsewhere or increase their fees and commissions.
Another point to mention is security concerns. If you don’t have user data, it won’t be hacked or leaked. Many users are concerned about their privacy, saying that even traditional financial organizations that have used KYC for decades still fall victim to hacks.
I believe these issues, while very serious, will be mitigated and resolved as the crypto market matures and processes are improved and tested. Fair and clear regulations are obviously the future of the crypto market, and 2025 will be incredibly challenging and interesting for all crypto users.
Alexandre Ray
Alexandre Ray is the CEO and co-founder of Albus Protocol, a regulatory-compliant challenge framework for public blockchains, and JFactory, a Swiss company specializing in the development of decentralized financial technologies. Alexander is a technology executive and entrepreneur with over 20 years of experience developing infrastructure, cloud and data-driven solutions for European businesses. Working for companies such as Deutsche Bank Frankfurt and General Electric as a software architect and development manager, Alexander has been involved in the design and development of models for forecasting regulatory risks and financial figures, giving him insight deeper insight into algorithms and challenge instruments from an ancient financial perspective. .
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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