CoinFLEX’s Creditors Sue CEO and OPNX in Legal Dispute

Korean Financial Watchdog to Penalize Bankers Involved in Illegal Foreign RemittancesThe Korean Financial Supervisory Service (FSS) recently completed an investigation into illegal foreign remittances of approximately 16 trillion KRW (~$12,137,718,400) that involved numerous bankers.©Unsplash/Paul FiedlerExploiting the kimchi premiumThe investigation, launched by the Korean financial watchdog last June, found that these lawbreakers sent funds to China, Hong Kong, and other overseas destinations through Korean crypto exchanges, trading firms, and bank branches with an aim of making money through arbitrage by taking the advantage of the kimchi premium, a term used to describe that the higher prices of crypto assets in Korean exchanges compared to their foreign counterparts.Bankers neglecting the KYC ruleSome of these bankers participated in the crime by raising the remittance cap and applying favorable exchange rates to trading companies that had no previous transaction records with banks. By law, bankers in Korea are obligated to follow the “know your customer” rule. It was found that 12 domestic banks and one futures firm were involved in this incident.The FSS has decided to impose strict penalties on these financial institutions, considering they were exploited for money laundering purposes. These entities are likely to have some of their services suspended, with the employees involved being fired.Accountability of top bankersOne key point to watch out for is whether the FSS would be able to hold executives accountable. Some say penalizing top bankers is not easy, given that it has to be proven that the employees’ criminal activities were due to a lack of executives’ internal control.The financial regulator recently announced plans to revise the law governing banks’ governance, but it is expected that such a bill would take some time to pass through the National Assembly.Through a revision of the law, the financial authority aims to hold top executives at financial institutions more responsible for serious financial accidents. It looks forward to bestowing top bankers with the obligation of comprehensive internal control management and making them accountable as an overall manager only in case of critical financial accidents. The term “top executives” in the bill will encompass not only bank presidents but also chairpersons of financial holding companies. More specific revision plans are expected to be revealed by the end of this month.

HKMA reflects on retail CBDC pilot phase one completionHong Kong’s Monetary Authority (HKMA), the Chinese territory’s central bank, recently released a report following the completion of phase one of its central bank digital currency (CBDC) pilot, highlighting the potential benefits of a retail CBDC, commonly referred to as e-HKD (digital Hong Kong dollar).Photo by Ruslan Bardash on UnsplashUndecided on full implementationIn a press release published by the HKMA on Monday, the authority clarified that the report underscores that while a retail CBDC could bring value to the payments ecosystem and unlock new economic transaction possibilities, in-depth investigation and evaluation are essential before considering large-scale implementation.At this stage, Hong Kong’s central bank has not committed to introducing an e-HKD, but the report sheds light on the prospects and challenges associated with such a move. The region has been signaling its intent to position itself as a hub for virtual assets, evident in the regulatory framework introduced in June and the granting of licenses to crypto trading platforms in August.Project e-HKD, initiated by the HKMA in 2021, is a significant step toward assessing the feasibility of a digital Hong Kong dollar. The pilot program was launched in November 2022 as part of the HKMA's “Fintech 2025” strategy. However, the HKMA remains cautious, as reflected in the comments of HKMA CEO Eddie Yue earlier this month. Yue told the South China Morning Post that the central bank is still waiting for greater clarity when it comes to the technological, legal and societal aspects of full implementation.Three core attributes identifiedThe report identifies three primary areas where an e-HKD could provide value: programmability, tokenization and atomic settlement. These attributes could lead to faster, more cost-efficient and more inclusive transactions. However, it’s essential to note that the 14 pilot programs conducted with 16 participating firms during phase one were executed on a small scale within a controlled environment.The phase one review highlights that the true potential and prerequisites for implementing an e-HKD on a larger scale depend on market developments and further investigation. It acknowledges that minor issues identified during the pilot phase could become more prominent or even unacceptable in a production environment.Gearing up for phase twoPhase one of the pilot program delved into various aspects, including full-fledged payments, offline payments, tokenized deposits, programmable payments and the settlement of Web3 transactions and tokenized assets. Hong Kong is now gearing up for phase two of the pilot, with plans to explore new use cases for an e-HKD and engage in more focused pilot initiatives. The goal is to understand how the e-HKD can facilitate innovative methods of transacting goods and services while maintaining financial stability.The HKMA’s stance on a retail CBDC places it at the center of a global debate. While the U.S. remains undecided on the issue, with the topic becoming contentious in presidential elections, India has forged ahead with plans for a retail CBDC. Meanwhile, Thailand’s central bank commenced a pilot project for a retail CBDC earlier this year.

China’s central bank and seven other ministries have released a sweeping new policy tightening controls on cryptocurrencies, stablecoins, and the tokenization of real-world assets (RWA), citing mounting speculative activity and risks to financial order, public asset safety, national security, and social stability. The move builds on warnings issued late last year. At a Nov. 28 meeting on crypto regulation, the People’s Bank of China (PBOC) reaffirmed that all commercial activities involving digital assets remain illegal, citing the proliferation of speculative trading that was complicating financial risk management. Officials said enforcement against crypto-related illegal financial activity would be stepped up to safeguard economic stability, and flagged stablecoins as a particular concern due to deficiencies in customer identification and anti-money laundering (AML) controls, as well as risks of fraud and unregulated cross-border capital flows.Photo by William Olivieri on UnsplashCrypto not legal tender in ChinaIn the latest notice, regulators again stress that digital assets such as Bitcoin, Ethereum, and USDT have no legal tender status in China and cannot circulate as money. All crypto-related activities—including trading, exchange services, token issuance, derivatives, pricing, information brokerage, and related financial products—are classified as illegal financial activities and are strictly prohibited. Overseas entities and individuals are also barred from providing crypto-related services to users in China. The document further tightens oversight of stablecoins, warning that fiat-pegged tokens effectively perform some functions of sovereign currency. It explicitly bans the issuance of offshore yuan-linked stablecoins without regulatory approval. RWA tokenization deemed illegalChinese regulators laid out a comprehensive framework addressing RWA tokenization, defining it as the use of blockchain or similar technologies to tokenize ownership or income rights of assets. Authorities say that domestically conducted RWA tokenization, or the provision of related services, may constitute illegal securities issuance, illegal fundraising, or unauthorized financial business, and is prohibited unless explicitly approved and conducted via designated financial infrastructure. Offshore RWA tokenization targeting Chinese entities is also banned. The policy establishes a coordinated enforcement mechanism led by the central bank and securities regulator, involving development, industry, public security, cybersecurity, judicial, and foreign-exchange authorities, while placing primary enforcement responsibility on local governments. Financial institutions, payment firms, intermediaries, technology providers, and internet platforms are ordered not to provide accounts, clearing, custody, marketing, IT support, or online access for crypto or unauthorized RWA tokenization activities. Companies are also prohibited from using terms such as “cryptocurrency,” “stablecoin,” or “RWA tokenization” in business registration or advertising. China will continue its strict campaign against crypto mining, requiring all remaining mining projects to be shut down and banning the domestic manufacture and sale of mining equipment. The document also tightens supervision of overseas activities by Chinese entities, requiring regulatory approval for offshore token issuance or RWA tokenization involving onshore assets or rights, and imposing enhanced compliance, risk management, and AML requirements on overseas subsidiaries of Chinese financial institutions. The new rules take effect immediately and replace a notice issued in 2021, when China introduced a broad ban on crypto trading and mining, broadening the restrictions to explicitly cover RWA tokenization.