Regulation
Stabilizing the Cryptocurrency Frontier: UAE’s Groundbreaking Stablecoin Regulation
The United Arab Emirates has quickly positioned itself as a key player in the global virtual asset market, setting a benchmark with its forward-thinking regulatory frameworks.
In this article, Akshata Namjoshi, Kabir Kuma and Ahlam Faouzi Since KARM Legal Advisorsthe emerging technology-focused law firm provides an in-depth analysis of the UAE regulatory landscape for stablecoins.
Akshata Namjoshi, Kabir Kuma and Ahlam Faouzi
The UAE has positioned itself at the forefront of the global virtual asset sector, becoming a pioneering jurisdiction in developing comprehensive regulations for virtual assets. This progressive approach has resulted in the creation of the world’s first virtual asset-specific regulator, the Dubai Virtual Assets Regulatory Authority (VARA).
Stablecoins are blockchain-based tokens pegged to fiat currencies or a basket of assets, designed to minimize volatility and serve as a reliable transfer of value within the virtual asset market. These tokens are designed to exhibit less volatility compared to other virtual assets, serving as a reliable transfer of value within the virtual asset market.
They provide a stable counterbalance to more volatile cryptocurrencies and are often used as a mechanism to liquidate investments in virtual assets. Additionally, stablecoins are increasingly being explored for use in payments due to their stability and efficiency.
The UAE’s regulatory framework is robust and comprehensive, with key regulatory bodies such as the Financial Services Regulatory Authority (Transportation Safety Regulatory Agency (TSRA)) In Abu Dhabi Global Market (ADGM), THE Dubai Financial Services Authority (DFSA) In Dubai International Financial Center (DIFC) and VARA, both of which implement specific regulations governing virtual assets and stablecoins.
The Central Bank of the United Arab Emirates (CBUAE) recently published the Regulation on Payment Token Services under Circular 2/2024 (Payment token Services Regulation), establishing a comprehensive regulatory framework for payment tokens.
ADGM
ADGM was one of the first jurisdictions to introduce comprehensive regulation for virtual assets, positioning itself as an industry leader. The FSRA, ADGM’s regulatory body, has established a detailed framework for the regulation of virtual asset service providers (VASP) within the financial free zone. The FSRA’s position on stablecoins is articulated in its Guide on the Regulation of Virtual Asset Activities in the ADGM.
The UAE FSRA recognizes three main stabilization mechanisms for stablecoins. First, there are fiat tokens where the issuer maintains reserves of fiat currency equivalent to the value of the tokens issued. Second, diversification or basket tokens peg their value to a diversified portfolio of assets including virtual assets, commodities, fiat currencies, and other financial instruments. Third, algorithmic tokens manage their token supply through algorithms designed to stabilize value, resembling central bank monetary policy.
Currently, the FSRA only permits fully collateralized 1:1 fiat tokens, which require each token to be backed by an equivalent amount of fiat currency. Compliance with regulatory requirements for financial services involving fiat tokens varies depending on the specific nature of the services or activities provided.
A unique feature of the FSRA regulatory framework is the regulation and licensing of the issuance of fiat tokens. The FSRA treats fiat tokens as digital representations of money and as a mechanism for storing value. Therefore, the issuance of fiat tokens, intended for use in the virtual asset ecosystem and/or as a means of payment, is subject to a Money Services (Issuance and Sale of Stored Value) Licence.
Fiat Token Related Activities
The conduct of specific activities related to fiat tokens is subject to separate licensing requirements. The FSRA has outlined several scenarios involving fiat tokens, providing specific regulatory approaches for each.
Custodians offering custody services for virtual assets and fiat tokens must obtain a specific license for custody, including virtual assets. For custodians that exclusively handle fiat currency and associated fiat tokens, a custody license is required with additional requirements for technology governance and reconciliation.
Agreed Multilateral Trading Facilities (MTF) using their own fiat tokens as payment mechanisms within their platforms do not require an additional license, provided that the tokens remain within the platform, subject to reconciliation requirements. MTFs using fiat tokens issued by third parties must conduct due diligence on the tokens, focusing on technology governance, reporting and reconciliation.
DIFC
DIFC VASPs are regulated by the DFSA, which introduced its crypto token regime on 1 November 2022. Unlike the FSRA, the DFSA does not expressly authorise the issuance of stablecoins but recognises fiat crypto tokens issued in other jurisdictions. Fiat crypto tokens have been defined as crypto tokens that stabilise their price or reduce the volatility of their price by pegging it to a single fiat currency.
Activities related to fiat crypto tokens
Since fiat crypto tokens are covered by the crypto token category, activities related to fiat crypto tokens are subject to the same licensing requirements as crypto tokens. The exact licensing category differs depending on the activity being carried out (e.g. asset management, trading in investments as an agent or principal, providing custody services, etc.).
With respect to the provision of money services, the DFSA has authorized the use of fiat crypto tokens for the purpose of transferring money or executing a payment transaction. However, the use of fiat crypto tokens is limited to facilitating the technology side of the business and supporting back-office operations. For example, a money services business may use fiat crypto tokens for internal settlements between branches.
The DFSA only authorizes financial services related to recognized crypto tokens. An application for recognition can be submitted by an existing licensee, an applicant, or the token issuer. For fiat crypto tokens, the DFSA has prescribed additional requirements for token recognition.
Recent changes
Recent amendments to the DFSA’s fiat crypto token recognition criteria, effective from 3 June 2024, have introduced greater flexibility by removing specific requirements relating to reserve asset proportions. Instead, the focus has been on ensuring that reserves are held in assets that are likely to retain their value (including in times of stress), are highly liquid, appropriately diversified and carry minimal credit risk.
In addition, the DFSA revised the definition of fiat crypto tokens, now requiring that they be pegged to a single fiat currency. This change was made to mitigate the increased risks associated with multi-currency pegs, based on market and regulatory experiences.
CBUAE – Regulation of Payment Token Services
THE Regulation on payment token services by the CBUAE is based on the Regulation on Retail Payment Services and Card Schemes (RPSCS Regulations), which initially set out the licensing framework for payment token services. The timing of this regulation is significant as it comes at a time when VASPs are looking for jurisdictions with clear regulatory frameworks that can accommodate their specific services and activities. The introduction of the regulation coincides with the EU’s MiCA regulation on stablecoins, which also recently came into force, requiring licensing and establishing a regulatory framework for stablecoin issuers within the EU. Thus, by issuing this regulation, the UAE is positioning itself as a leading jurisdiction in the cryptocurrency and virtual asset sector.
Under the new framework, a “payment token” is defined as a virtual asset (Virginia) which aims to maintain a stable value by referencing the same fiat currency in which it is denominated, or another payment token denominated in the same fiat currency.
There are two main categories of payment tokens:
“Dirham payment tokens”, which refer to the value of AED, and “foreign payment tokens”, such as USDT and USDC, which refer to USD. “Payment token services” are categorized into three main activities: the issuance of payment tokens (issuance), the conversion of payment tokens (conversion) and the custody and transfer of payment tokens (custody and transfer). Persons or entities wishing to provide or promote any of these services in the UAE must obtain a license from the CBUAE.
Foreign companies, including those registered in financial free zones, can apply for registration to issue foreign payment tokens. Onshore-licensed VASPs licensed by the Securities and Commodities Authority ((SCA) or VARA may request a no-objection registration (NEITHER) to provide payment token services. For example, a licensed VA exchange platform operator may request a NOR to perform a conversion, and a licensed VA custody service provider may request a NOR to perform a custody and transfer, although limited to foreign payment tokens.
Other considerations include that payment token issuers must not offer any interest or incentives related to the length of time a customer holds a payment token. The CBUAE may also impose restrictions on the volume or value of payment tokens that can be traded or the total number of customers that a licensee or registered entity can onboard.
In addition, the CBUAE may designate certain VAs as payment tokens subject to specific restrictions. In terms of merchant payments, UAE merchants may only accept dirham payment tokens from licensed issuers, while foreign payment tokens from registered issuers may only be accepted for the purchase of VAs and VA-derived products.
Conclusion
The UAE’s strong and progressive stance on stablecoin regulation underscores its global leadership in the virtual asset sector. Through detailed frameworks across the ADGM, DIFC, VARA and CBUAE, the nation aims to build market confidence, promote investment liquidity and foster digital payment innovation. It will be interesting to observe how the VARA and CBUAE’s mixed regulatory oversight models unfold in this dynamic landscape.
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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