Rising Cryptocurrency Arbitrage Transactions Raise Concerns in South Korea

Having made significant strides in undertaking testing of the digital yuan in recent times, Hong Kong is expanding its e-CNY pilot testing while at the same time crafting its own central bank digital currency (CBDC), dubbed the e-HKD.Photo by Simon Zhu on UnsplashIntegrating e-CNY with FPSDuring a recent budget speech Hong Kong’s Financial Secretary Paul Chan unveiled plans to empower Hong Kong residents to bolster their digital yuan wallets through the local “Faster Payment System” (FPS), marking another move forward in bolstering cross-border payment efficiency.FPS is a real-time payment settlement system which enables the user to complete payments across banks through the use of recipient mobile phone numbers and email addresses. The move dovetails with the Hong Kong Monetary Authority's (HKMA) successful completion of the inaugural phase of its e-HKD pilot, propelling it into the second phase. The e-HKD pilot is focusing on retail applications such as programmable payments, offline transactions and tokenized deposits. At the same time as the e-CNY garners momentum, the HKMA is progressing the e-HKD in terms of unlocking the full potential of CBDCs in everyday financial transactions. This consists of the exploration of retail applications in the initial phase, coupled with the transition towards more intricate functionalities in the subsequent phase, underscoring Hong Kong's intent towards driving ever greater CBDC innovation within the Chinese autonomous territory. Streamlining transactionsThe integration of the e-CNY with Hong Kong's FPS promises to streamline transactions and elevate the fluidity of cross-border payments between Hong Kong and mainland China. This initiative follows on from an announcement back in September of last year to expand the e-CNY pilot program in Hong Kong. Financial Secretary Paul Chan aims to forge a bridge between mainland China and international markets, potentially setting a global precedent for CBDC interoperability and utilization. Furthermore, Hong Kong's issuance of the world's premier multi-currency tokenized bond, followed by a subsequent batch of tokenized green bonds, signifies the city's leadership in fusing digital finance with sustainable investment strategies, drawing significant interest from global institutional investors. mBridge initiativeThe collaborative efforts of the HKMA with the Bank for International Settlements and other central banks on the mBridge CBDC project further demonstrate Hong Kong's proactive stance in shaping the trajectory of international finance. Last month, authorities in China outlined yet another initiative that is designed to bring about cross-border use of the e-CNY with Hong Kong. The mBridge initiative, a multi-CBDC platform to support cross-border payments is being harnessed to bring about greater trade using digital currency across various jurisdictions. The project involves the central banks of China, Hong Kong, the United Arab Emirates (UAE) and Thailand. This concerted endeavor, coupled with Hong Kong’s array of digital currency ventures, positions the city at the forefront of CBDC innovation. All of this development comes as China has established new milestones recently, with the completion of an international oil deal using the digital yuan together with similar deals involving gold and iron ore. 

The Philippines Forging Crypto Reg. Path US Could Learn FromThe Philippines has demonstrated best practice in operating a sensible regulatory framework relative to cryptocurrency while the United States has erred by engaging in regulation via enforcement while responding after the horse has bolted in relation to a string of crypto company collapses. That’s according to Robert De Guzman, Head of Legal Compliance at Philippines-based cryptocurrency exchange Coins.ph.©Unsplash/C BuezaIn an opinion piece published in Forkcast News on Tuesday, De Guzman lays out his view as to what’s required in terms of regulation, while drawing comparisons between the application of regulation relative to crypto in both jurisdictions.The need for “sensible” regulationDe Guzman believes that the crypto industry’s recent failures are a wake-up call for the whole sector. Losses of billions of dollars affected Celsius Network, BlockFi, Voyager Digital, Genesis, and FTX, and led to Silvergate, Silicon Valley Bank (SVB), and Signature banks’ collapse in a week. To maintain consumers’ trust, he believes that sensible regulation is necessary for the crypto exchanges dealing with digital assets.The legal compliance expert cites the FTX collapse. FTX’s Sam Bankman-Fried’s empire was among the largest collapses. FTX pretended to support regulation, but its true nature was an offshore exchange for global clients. Nonetheless, some businesses act on their regulation support by acquiring licenses and complying with central bank audits in the countries of operation.State-level and industry-level regulationThe crypto industry being open to self regulation is one element of the solution, he says. Regulators must proactively protect their consumers from scams and business failures, not just clean up the mess after millions of people have been harmed.Regulatory failuresDe Guzman points the finger at reactionary regulatory action. Regulators filed charges against crypto industry founders after their collapse. Previously, they missed the problems of the largest companies. FTX, based in the Bahamas, was mismanaged, and American regulators only responded after customer issues. Regulations by enforcement, preferred in several countries, wait for failure to happen before taking action. Over-regulation through enforcement pushes platforms offshore, where Wild West-type environments thrive, with clear consequences.Regulators in some countries focus on surface-level questions, like which tokens should be considered securities, while others, like in the Philippines, prioritize execution-level details to protect consumers. Anti-money laundering measures and custody are core issues, with the G-7’s Financial Action Task Force’s Travel Rule likely to be more strictly applied. Active regulation and audits are needed to ensure financial platforms act responsibly with customer deposits. Basic rules need to be put in place through a licensing regime, followed by regulation of market practices like commingling of assets, self-dealing, and trading against customers.The Philippines sensible approach to regulationThe Coins.ph legal guru holds out his home country as exemplary in terms of its approach to regulation. The Philippines’ regulatory regime requires a virtual asset service provider (VASP) license to operate a crypto exchange, as well as additional licenses for other services. The country’s central bank, BSP, directly regulates all crypto exchanges and expands its crypto regulations to adapt to market needs. KYC processes in the Philippines require recognition of valid ID documents from across 82 provinces.Additionally, the BSP expects the industry to cooperate in quarterly audits where they share balance sheet information and disclose digital assets in hot and cold wallets. Regulators in the Philippines are proactive and knowledgeable about the crypto space, which sets a sensible framework based on customer protection.

Several South Korean crypto-only exchanges have long been struggling to keep their business afloat due to their prolonged weak performances. The local news outlet Etoday reported that the persistent underperformance of these local crypto exchanges is mounting pressure on their corporate operation and management, resulting in them shutting down their businesses. The situation hinders them from meeting the requirements set by the Financial Intelligence Unit (FIU) of the Financial Services Commission (FSC).  Their inability to generate sufficient revenue, due to faltering token trading volumes, makes complying with the FIU guidelines a daunting task.Photo by Anne Nygård on UnsplashCascading closure of crypto exchanges According to crypto industry insiders, local crypto-only exchanges including Cashierest, Coinbit, Huobi Korea, Probit and Tennten have announced their service closure as early as the second half of last year. On Nov. 6, Cashierest announced it was shutting down its services, with Coinbit following suit in the same month. The cascading closure announcements from crypto exchanges raised concerns about their potential harm on investors.  In an effort to protect crypto investors, the FIU has released a statement that local crypto exchanges are obliged to meet the requirements of the FIU in compliance with the Virtual Asset User Protection Act, despite their closing of services. Furthermore, the regulator said finalizing business closure requires due assessment by the FIU.  "Virtual asset service providers (VASPs) must notify their users of the closure and explain how to reclaim their assets at least one month before the business closing date. They must also support users to withdraw their assets for at least three months before closing," the FIU stated.  Struggling to meet FIU requirements However, some point out that it would be challenging for near-bankrupt crypto exchanges to run a customer service center for more than three months. Some exchanges allow users to deposit and withdraw their assets until their closure, as they would under normal conditions, but charge additional fees afterward. "It is very demanding to operate customer services when we're seeing no actual gains," one exchange official said.  It has been found that some crypto exchanges failed to register a change in their business state with the FIU, which is mandatory in the event of business location or contact changes, under the Financial Transaction Reports Act.  When Etoday reporters visited the offices of some of these crypto exchanges, they were met with empty rooms. One person who is familiar with the matter said, "The exchange has moved its office to another location and is scheduled to resume service in March."