Crypto.com Complies with UK FCA’s New Digital Asset Rules

Tether fueling Cambodia’s dark economy despite banDespite being officially prohibited for trade in Cambodia, Tether (USDT), the leading USD stablecoin, has been found to be integrated into the Southeast Asian nation’s shadow economy.That’s according to a report published by the South China Morning Post (SCMP) on Sunday. The publication cites security experts, who it claims have highlighted the pivotal role of USDT, emphasizing its low fees and unrestricted capability to expedite the movement, concealment and laundering of money.Photo by DrawKit Illustrations on UnsplashPig butcheringThe U.S. Department of Justice’s November seizure of nearly $9 million traced to over 70 victims of online scams underscored Tether’s involvement. Collaborating with Tether Holdings and the crypto trading platform OKX, the investigation identified assets linked to “pig butchering” cyber scams in Southeast Asia, freezing an additional $225 million. While specific details regarding the origin of these assets remained undisclosed, Southeast Asia, including Cambodia, has emerged as a hub for money laundering related to online gaming and cyber scams.Cybersecurity expert Ngo Minh Hieu from the Vietnamese government’s National Cyber Security Centre warned of the susceptibility of cryptocurrencies to scams and Ponzi schemes, particularly targeting less informed investors. This heightened risk has spurred a surge in money laundering and online scams, leading to a spike in arrests.Official line versus realityIn many jurisdictions, the official line taken on cryptocurrency and digital assets doesn’t necessarily reflect the reality. China clamped down on crypto trading and mining a number of years ago. Despite that, a Wall Street Journal investigation earlier this year found that global crypto exchange Binance had a thriving China-centric business.The same seems to be true in Cambodia with respect to its official ban on crypto. Owners of both physical and online crypto exchanges in Phnom Penh openly admit to providing a parallel financial service in the developing economy. The prevalence of neon signs advertising exchange rates in Chinese yuan for USDT underscores the widespread usage of Tether in the region, particularly within Cambodia’s dark economy.Critics chime inNews of the illicit use of Tether in Cambodia has prompted a response from long-standing critics of the company. Tether’s harshest critic has been a pseudo-anonymous persona on the X platform with the username “Bitfinex’ed.” That account wrote:”Tether. The choice for organized crime & criminals. Giancarlo Devasini once said, ‘We’re going to have to learn to bank like criminals.’”Despite its role in facilitating illicit activities, the extent of Tether’s penetration into Cambodia’s economy remains challenging to ascertain. Globally, approximately 84 billion USDT is in circulation, with banks, exchanges and platforms flourishing, leveraging social media and encrypted channels to advertise seamless and reliable digital solutions for money flow challenges.One such platform, Huione Pay, operates in a bank-like setting, engaging customers in discussions about USDT exchange options. A closer look at Huione’s publicly available USDT exchange activities reveals insights into Tether’s role in enabling transactions within Cambodia.Some conversations in Chinese seek “pure white assets,” indicating funds from legitimate sources, while others do not request such provenance. These exchanges also advertise products and services crucial to scam operators, such as the sale of SIM cards from different countries.

Japan's Financial Services Agency (FSA) is proposing new legislation in an effort to prevent the assets of Japanese investors held on crypto exchanges from being transferred overseas. According to local news outlet Jiji Press, the Japanese regulator recently put forward the idea of drafting such a bill. It’s thought that the move suggests that the Japanese regulators have learned from the collapses of cryptocurrency exchanges Mt. Gox and FTX. Photo by Jaison Lin on UnsplashLearning from past failuresWhile Japan already had a higher standard of regulation in place prior to the FTX collapse, likely as a consequence of the authorities having experienced the downfall of Mt. Gox in February 2014, there is still room for improvement.  While funds had been ring-fenced for FTX Japan users, those who accessed services advertised in Japan through the FTX app were deemed to have been accessing a service which fell under an international jurisdiction, denying them the same protections otherwise offered to FTX Japan platform users as a consequence of the regulations that had been put in place. Incorporating a holding orderJapanese media outlet Nikkei described this latest move by the Japanese FSA as follows: “The Financial Services Agency is moving towards creating a new ‘holding order’ in the Payment Services Act, which regulates cryptocurrency exchanges, that will order them not to take domestic assets entrusted to them by customers overseas.” Consequently, the regulator is looking to add this as the latest proposed amendment to the Payment Services Act. Back in September it emerged that amendments to that existing legislation were being looked at with a view towards making it easier for businesses to incorporate digital assets into their service offerings. The regulator has also been mulling over the reclassification of crypto as a financial instrument by amending the Payment Services Act accordingly. Additionally, a more generous tax policy is being proposed. Currently, the Japanese authorities impose a tax rate of up to 55% on cryptocurrency-related revenues. Corporate holders of digital assets have to apply a 30% tax rate, irrespective of income or profits. With that, a 20% tax rate is being considered. The matter became a political issue prior to the East Asian nation’s recent elections, with the leader of the Democratic Party for the People (DPP) backing the application of a 20% crypto tax rate. The application of a holding order has applied previously to companies that have been registered under the Financial Instruments and Exchange Act. This proposed amendment would see it applied to virtual asset trading platforms as part of the Payment Services Act. Guarding against bankruptcy lossesIf applied, the amendment would prevent loss of Japanese investor funds in circumstances where a crypto exchange platform goes into bankruptcy. Legal precedent set in the FTX bankruptcy in the United States means that if a user’s funds go into a non-individually segregated hot wallet belonging to an exchange, any property rights, even if explicitly outlined in the terms of service, are lost.  A company can make a case to go into bankruptcy in any international jurisdiction, which means that this precedent has potential implications for all market participants. The proposed amendment from the Japanese FSA would serve to protect investors from such an eventuality.

South Korea Advances Crypto Disclosures Bill for LawmakersThe floor leader of the ruling political party in the South Korean Assembly is urging faster implementation of a new bill that will require Korean politicians and senior government officials to make a declaration of any crypto-related holdings.The bill was already in the works but is now picking up speed, and likely to be brought into effect earlier than expected. That’s according to a local report published by Yonhap news agency. The bill is being finalized against the backdrop of a particularly poignant political controversy.Photo by rawkkim on UnsplashPolitical controversyLawmaker and former Democratic Party of Korea opposition party member Kim Nam-kuk is at the center of a political fuss, and with that, intense scrutiny relative to his interaction with crypto-assets. Kim reportedly held 800,000 WEMIX tokens in early 2022, with a value in the region of 6 billion Korean won (around $4.5 million).Existing legislation provides for a need for Korean politicians to disclose their investments and wealth. However, that provision has not caught up with the digital asset era. Virtual assets had been an exception which lawmakers are now rushing to remedy.Once news of Kim’s crypto holding emerged, it led to suspicion and accusations of insider trading. The politician had made a number of crypto trades during the time in which he was actively working on digital asset legislation. As the controversy gathered more attention, it led to the offices of two of the country’s leading crypto exchanges, Bithumb and Upbit, being raided. Records related to Kim’s crypto trading activity were seized.Bringing forward enforcement dateThe bill that will remedy circumstances like the one that has arisen as a result of Kim’s crypto trading activity is being put forward by Yun Jae-ok, the floor leader of the ruling party. It had originally been scheduled to be implemented in December, but Yun is looking to have the bill amended so that the enforcement date of the proposed legislation takes place in two months.“Given the current high level of public interest, especially regarding lawmakers, it’s not appropriate to enforce the law six months later after the promulgation,” Yun told Yonhap news agency. It’s understood that Yun has asked the leader of the Public Administration Committee to put forward the modified version of the law.The legislative process in South Korea requires initial drafting of the bill, followed by the proposed legislation being scrutinized by a number of relevant committees, inclusive of the Legislation and Judiciary Committee. An assembly debate follows, and beyond that, it’s expected that there will be a vote on the legislation, which has been scheduled for Friday.Should the bill be carried following the vote, the approved bill then proceeds to the President. So long as it is not vetoed, it is presented to the public and becomes law.On an international basis, financial interest disclosure requirements are common. Taking the US and the UK as examples, both jurisdictions require their politicians to disclose financial holdings. However, it would appear that South Korea is about to enact an advanced form of such legislation comparatively, as currently in both the US and UK, there is no specific provision requiring politicians to disclose crypto holdings.